At that time Taylor Bean generated the borrowed funds, Appellants’ cellular house had been build towards the miles and you will Appellants didn’t come with aim of swinging the cellular home throughout the homes. (Id. at -19.) This new tires and you may axles linked to the halves of your own cellular household was got rid of when Appellants gone this new mobile home onto the possessions. (Id, at 41:8-9.) In addition, new tongues was removed. (Id. on twenty seven:6-eight.) Appellants created an excellent septic program and a liquids really, and you can immediately after Taylor Bean generated the mortgage, Appellants constructed a good mortared cinderblock base to all four sides away from their residence. (Id. within 37:7-38:nine.) Appellants including hung additional ac units (id. in the 42:8-9), in addition to electric service, (id. on -25).

II. Personal bankruptcy Legal proceeding

(Tr. 5:23-25.) At the time of the brand new processing, Bobby try obligated to Appellee for a loan covered because of the Appellants’ miles and you will advancements, and you may Appellants have been together compelled to the lending company regarding Danielsville getting a loan safeguarded by the Appellants’ cellular household and you may an auto and you may pickup truck owned by Bobby. Into , Appellee filed their safeguarded evidence of allege toward case of bankruptcy legal regarding level of $104,, symbolizing the principal and you will pre-petition arrearage owed because of the Appellants.

Appellants’ earliest suggested bundle provided, for the pertinent you to definitely, you to “[verification with the package commonly extinguish the next lien on the [Appellants’] house held by [the lending company regarding Danielsville] due to the lack of value to help with the brand new reported lien

Appellants served and filed the first advised Part 13 plan, hence open to remove the newest arrearage owed on their obligations because of the and make repayments due to its Section thirteen bundle. Regular post-petition, monthly obligations with the obligation was to be produced so you’re able to Appellee individually. (Id. at 6:1-5.) Appellants continued for a few weeks following the its submitting to make its normal, post-petition, monthly premiums directly to Appellee. ” (Section 13 Bundle, .) Appellee did not target so you can Appellants’ earliest suggested plan.

Toward , Appellants gave observe of one’s suggested amendment of its Part thirteen bundle just before confirmation. (Get a hold of Ex. P-step three so you’re able to Tr., Notice out-of Mot. to possess Modification regarding Bundle Before Confirmation.) Regarding advised altered package, Appellants desired to help you bifurcate Appellee’s allege between your secure and unsecured bit. (Come across Ex lover. P-seven so you can Tr., Chapter 13 Bundle, [hereinafter Changed Section 13 Plan].) In Changed Chapter thirteen Plan, Appellants was to pay Appellee their covered number. Brand new unsecured percentage of Appellee’s claim was to be distributed professional rata the remainder of Appellants’ unsecured loan providers. Appellants’ Altered Chapter thirteen Plan delivered to a full fee out of the obligation owed from the Appellants to your Financial off Danielsville and you may shielded of the the cellular home, in addition to car and the pickup truck owned by Bobby. Appellants’ Altered Section thirteen Package don’t render that Appellee’s protection action try *922 to be satisfied otherwise extinguished up on the completion away from quick cash loan Ridgway plan money. (Id.) Appellee didn’t target in order to Appellants’ Modified Chapter 13 Package.

Into the , the new personal bankruptcy legal entered an order confirming Appellants’ Changed Part 13 Plan. (Ex. P-six so you’re able to Tr., Order Guaranteeing Package.) Payments underneath the Section 13 plan was in fact complete because of the Appellants within the 2005. (Tr. 7:1-2.) Towards the , the financial institution from Danielsville released its shelter demand for Appellants’ mobile family while the most other security protecting the loans. Towards the , new personal bankruptcy courtroom registered your order granting Appellants’ Chapter 13 discharge. A final decree has also been entered, closure Appellants’ Chapter 13 situation. Following the acknowledgment of its discharge, Appellants generated numerous needs of Appellee which draw the protection deed toward Appellants’ real estate satisfied. Although not, Appellee denied. (Id. at the 7:3-8.) Appellants’ Part 13 case was reopened of the order of personal bankruptcy judge to the , Appellants recorded an opponent proceeding regarding the personal bankruptcy judge. (Id. within seven:8.)