During the time Taylor Bean made the loan, Appellants’ mobile house is put up with the miles and you may Appellants had no goal of moving the fresh new cellular home regarding the property. (Id. on -19.) The newest tires and you will axles connected to the halves of your own mobile domestic was in fact eliminated when Appellants moved the mobile family on the property. (Id, at 41:8-nine.) Additionally, the new tongues was eliminated. (Id. on 27:6-eight.) Appellants mainly based a great septic system and you may a drinking water better, and you can immediately following Taylor Bean produced the loan, Appellants created an excellent mortared cinderblock base to all sides out of their house. (Id. from the 37:7-38:nine.) Appellants and additionally installed outside air conditioners (id americash loans Strasburg. on 42:8-9), along with electronic solution, (id. at the -25).

II. Case of bankruptcy Process

(Tr. 5:23-25.) At the time of the fresh new processing, Bobby is actually compelled to Appellee for a financial loan secure by Appellants’ miles and advancements, and you can Appellants was as one compelled to the financial institution of Danielsville for a loan protected from the Appellants’ mobile household and an automible and you can pickup truck belonging to Bobby. On , Appellee filed the covered evidence of claim into the bankruptcy legal on quantity of $104,, representing the primary and you may pre-petition arrearage owed of the Appellants.

Appellants’ very first suggested plan considering, during the pertinent you to definitely, that “[verification from the plan have a tendency to extinguish another lien toward [Appellants’] home held because of the [the financial institution regarding Danielsville] due to the lack of well worth to support the fresh new advertised lien

Appellants offered and you can recorded their first proposed Part 13 package, and therefore offered to eradicate the arrearage due on their obligation of the and work out repayments by way of the Part 13 bundle. Normal blog post-petition, monthly payments towards the obligations would be to be produced to help you Appellee myself. (Id. in the six:1-5.) Appellants continued for a couple months following the the filing while making its normal, post-petition, monthly premiums straight to Appellee. ” (Chapter 13 Plan, .) Appellee don’t object so you’re able to Appellants’ first advised plan.

On , Appellants gave see of one’s suggested modification of the Chapter 13 package before verification. (Get a hold of Ex. P-step three so you can Tr., Observe off Mot. having Modification from Bundle In advance of Confirmation.) Throughout the advised modified package, Appellants desired to help you bifurcate Appellee’s claim between your shielded and you will unsecured section. (Pick Ex lover. P-seven so you’re able to Tr., Chapter 13 Bundle, [hereinafter Modified Chapter 13 Package].) Within the Altered Chapter thirteen Bundle, Appellants was to spend Appellee the shielded number. The new unsecured percentage of Appellee’s claim were to be distributed expert rata the rest of Appellants’ unsecured creditors. Appellants’ Altered Part thirteen Bundle taken to a full commission away from the obligation due from the Appellants towards the Financial regarding Danielsville and you can shielded of the their mobile home, together with vehicle together with pickup truck owned by Bobby. Appellants’ Changed Section 13 Bundle didn’t provide one to Appellee’s shelter action was *922 is satisfied or extinguished abreast of the completion of package money. (Id.) Appellee don’t object in order to Appellants’ Changed Chapter thirteen Plan.

Into , the new case of bankruptcy courtroom entered your order verifying Appellants’ Modified Part 13 Bundle. (Ex. P-six to help you Tr., Order Verifying Bundle.) Costs according to the Section 13 plan was complete by the Appellants into the 2005. (Tr. 7:1-2.) For the , the lending company out-of Danielsville put-out its coverage need for Appellants’ cellular home and the almost every other equity securing their loans. Towards , brand new case of bankruptcy legal joined your order giving Appellants’ Chapter 13 launch. A last decree has also been registered, closure Appellants’ Part thirteen instance. After the bill of the release, Appellants generated several demands regarding Appellee that it mark its cover action to the Appellants’ houses met. Although not, Appellee denied. (Id. from the 7:3-8.) Appellants’ Chapter 13 case is reopened because of the order of your bankruptcy proceeding court on , Appellants registered an enemy proceeding regarding personal bankruptcy court. (Id. within 7:8.)