To your , Appellants submitted having Part 13 bankruptcy proceeding save

At the time Taylor Bean made the borrowed funds, Appellants’ cellular household had been setup towards the miles and you can Appellants didn’t come with goal of swinging the fresh mobile home on the home. (Id. at -19.) New rims and you will axles connected to the halves of your cellular family had been removed whenever Appellants moved the brand new cellular house onto the property. (Id, at 41:8-9.) Also, the newest tongues was indeed removed. (Id. in the twenty-seven:6-eight.) Appellants depending good septic program and a liquids really, and you may once Taylor Bean produced the loan, Appellants developed a beneficial mortared cinderblock base as much as all sides of their home. (Id. at the 37:7-38:9.) Appellants as well as hung additional air conditioners (id. at 42:8-9), and additionally electrical solution, (id. at the -25).

II. Case of bankruptcy Procedures

(Tr. 5:23-25.) During the fresh new submitting, Bobby is actually obligated to Appellee for a loan secure by the Appellants’ miles and you may developments, and you may Appellants was quick loans Ambler AK basically jointly compelled to the lending company of Danielsville to possess financing covered because of the Appellants’ mobile house and you will a motor vehicle and pick up truck belonging to Bobby. On the , Appellee recorded their secured evidence of allege to your personal bankruptcy judge regarding the level of $104,, representing the principal and pre-petition arrearage owed from the Appellants.

Appellants’ first suggested bundle considering, in the related one to, one „[verification on the package tend to extinguish next lien to your [Appellants’] household held by [the financial institution out-of Danielsville] because of the decreased value to help with the fresh new stated lien

Appellants offered and filed the first proposed Section 13 package, which open to lose the fresh new arrearage owed on the duty of the and work out repayments thanks to its Part 13 plan. Typical article-petition, monthly premiums on responsibility were to be manufactured so you’re able to Appellee yourself. (Id. from the six:1-5.) Appellants proceeded for some months following the the processing and also make their normal, post-petition, monthly payments straight to Appellee. ” (Section 13 Bundle, .) Appellee don’t object to help you Appellants’ earliest recommended bundle.

Toward , Appellants offered notice of one’s recommended amendment of their Chapter thirteen bundle just before verification. (Find Ex. P-step three so you’re able to Tr., See off Mot. getting Amendment from Package Before Confirmation.) From the recommended changed bundle, Appellants desired to help you bifurcate Appellee’s allege between the safeguarded and you can unsecured section. (See Ex lover. P-7 to help you Tr., Section 13 Plan, [hereinafter Modified Section thirteen Plan].) Beneath the Changed Chapter thirteen Plan, Appellants would be to shell out Appellee its secure matter. The brand new unsecured part of Appellee’s claim was to be distributed professional rata the rest of Appellants’ unsecured loan providers. Appellants’ Altered Section thirteen Plan provided for a full percentage out-of the responsibility owed by the Appellants towards Lender regarding Danielsville and you can safeguarded of the its mobile household, additionally the auto plus the pick up truck owned by Bobby. Appellants’ Changed Chapter thirteen Bundle did not promote you to Appellee’s safeguards action try *922 as met or extinguished upon the completion away from plan costs. (Id.) Appellee did not object in order to Appellants’ Altered Section 13 Bundle.

On the , the latest bankruptcy proceeding legal joined your order confirming Appellants’ Changed Chapter 13 Plan. (Ex. P-6 in order to Tr., Acquisition Confirming Plan.) Repayments underneath the Part 13 bundle had been completed of the Appellants when you look at the 2005. (Tr. 7:1-dos.) Towards the , the financial institution from Danielsville put out the shelter need for Appellants’ mobile home and also the almost every other security securing its financial obligation. On the , the latest personal bankruptcy courtroom joined an order granting Appellants’ Chapter thirteen discharge. A last decree has also been entered, closing Appellants’ Section thirteen case. Following acknowledgment of its discharge, Appellants made multiple desires off Appellee so it mark the cover action into the Appellants’ real-estate came across. not, Appellee refused. (Id. during the eight:3-8.) Appellants’ Section 13 case was reopened by the acquisition of bankruptcy proceeding legal into , Appellants registered an opponent proceeding throughout the bankruptcy proceeding court. (Id. at the seven:8.)