During the time Taylor Bean made the loan, Appellants’ cellular house is establish into miles and you can Appellants had no goal of swinging the brand new mobile household on the land. (Id. on -19.) The rims and you can axles connected to the halves of the mobile household were eliminated when Appellants moved brand new cellular domestic onto the assets. (Id, on 41:8-nine.) Furthermore, the tongues had been removed. (Id. in the twenty-seven:6-eight.) Appellants founded good septic program and you may a drinking water really, and you may immediately following Taylor Bean made the borrowed funds, Appellants created an effective mortared cinderblock base to all four sides regarding their property. (Id. during the 37:7-38:9.) Appellants and installed external air conditioners (id. on 42:8-9), and electrical provider, (id. on -25).

II. Bankruptcy proceeding Procedures

(Tr. 5:23-twenty-five.) During the time of the latest filing, Bobby are obligated to Appellee for a financial loan covered because of the Appellants’ miles and advancements, and you will Appellants was basically as you forced to the financial institution out of Danielsville for a loan safeguarded by Appellants’ cellular home and you will an auto and you may pickup belonging to Bobby. Into , Appellee recorded the safeguarded proof claim to your bankruptcy courtroom throughout the level of $104,, representing the principal and you can pre-petition arrearage owed by the Appellants.

Appellants’ very first proposed bundle offered, in the relevant one to, one “[confirmation of plan commonly extinguish the second lien on [Appellants’] house held of the [the lending company of Danielsville] as a result of the lack of worthy of to help with the new claimed lien

Appellants supported and you may filed the first advised Section 13 bundle, and that offered to eliminate the new arrearage owed on the duty by the and come up with money through their Chapter thirteen bundle. Regular post-petition, monthly obligations into responsibility was to be produced to Appellee individually. (Id. from the 6:1-5.) Appellants continued for some days pursuing the the submitting and then make their typical, post-petition, monthly premiums to Appellee. ” (Part 13 Plan, .) Appellee failed to target so you can Appellants’ first recommended plan.

Into , Appellants gave observe of one’s proposed amendment of the Chapter 13 plan before confirmation. (Get a hold of Ex lover. P-step 3 so you can Tr., See from Mot. to own Amendment out of Plan Ahead of www.paydayloansconnecticut.com/south-windham Verification.) On the recommended altered plan, Appellants sought for to bifurcate Appellee’s allege between your protected and you may unsecured part. (Come across Ex. P-7 so you’re able to Tr., Section thirteen Package, [hereinafter Altered Chapter 13 Bundle].) Under the Modified Part 13 Bundle, Appellants would be to spend Appellee its shielded amount. The fresh new unsecured part of Appellee’s allege were to be paid professional rata the remainder of Appellants’ unsecured loan providers. Appellants’ Changed Part thirteen Plan taken to an entire fee regarding the responsibility owed by Appellants towards the Lender off Danielsville and you may safeguarded because of the its cellular family, additionally the auto and the pickup truck belonging to Bobby. Appellants’ Changed Part 13 Package did not offer one to Appellee’s safety deed try *922 getting came across or extinguished upon the completion out-of plan repayments. (Id.) Appellee didn’t object in order to Appellants’ Changed Part thirteen Package.

For the , the bankruptcy courtroom joined an order verifying Appellants’ Modified Part thirteen Package. (Ex lover. P-six so you’re able to Tr., Buy Confirming Package.) Payments under the Chapter thirteen package was finished because of the Appellants when you look at the 2005. (Tr. 7:1-2.) Toward , the lending company away from Danielsville put-out the shelter demand for Appellants’ mobile home as well as the most other equity protecting their obligations. To your , the fresh new bankruptcy legal entered your order giving Appellants’ Chapter 13 discharge. A final decree has also been joined, closure Appellants’ Section 13 case. Following acknowledgment of its release, Appellants produced numerous requests out-of Appellee so it draw its cover deed for the Appellants’ real-estate came across. However, Appellee declined. (Id. on eight:3-8.) Appellants’ Section thirteen circumstances is actually reopened from the purchase of one’s bankruptcy legal toward , Appellants submitted an opponent continuing in the case of bankruptcy legal. (Id. during the 7:8.)