During the time Taylor Bean generated the loan, Appellants’ mobile household is create towards miles and Appellants didn’t come with aim of swinging the mobile house about property. (Id. at -19.) Brand new tires and you can axles attached to the halves of your cellular household had been got rid of whenever Appellants gone the latest mobile household onto the assets. (Id, during the 41:8-9.) Furthermore, the new tongues was basically removed. (Id. during the twenty-seven:6-eight.) Appellants founded a good septic program and you will a water well, and shortly after Taylor Bean produced the loan, Appellants built a mortared cinderblock foundation up to all four corners regarding their house. (Id. during the 37:7-38:9.) Appellants and strung outside ac units (id. at 42:8-9), also electrical services, (id. at the -25).

II. Bankruptcy Process

(Tr. 5:23-twenty five.) During the time of this new filing, Bobby was obligated to Appellee for a financial loan covered by Appellants’ acres and improvements, and Appellants was jointly forced to the financial institution from Danielsville getting that loan secured of the Appellants’ cellular home and you may a car or truck and pickup truck belonging to Bobby. On , Appellee registered their shielded proof of claim to the case of bankruptcy court regarding quantity of $104,, representing the main and pre-petition arrearage owed because of the Appellants.

Appellants’ earliest recommended bundle considering, from inside the appropriate you to, you to definitely “[verification for the package will extinguish the next lien into the [Appellants’] house stored by [the bank out-of Danielsville] due to the insufficient worth to support the fresh new advertised lien

Appellants offered and you can registered its earliest suggested Chapter thirteen package, hence open to look at this now treat the new arrearage owed on the duty because of the to make payments compliment of its Section thirteen bundle. Regular article-petition, monthly installments towards the obligation was to be produced in order to Appellee yourself. (Id. at the 6:1-5.) Appellants went on for a couple weeks pursuing the the filing making the regular, post-petition, monthly installments to Appellee. ” (Section 13 Bundle, .) Appellee didn’t target so you’re able to Appellants’ very first advised bundle.

To the , Appellants offered notice of your own proposed amendment of its Chapter 13 bundle ahead of confirmation. (Find Ex lover. P-step 3 so you’re able to Tr., Notice off Mot. for Modification out-of Bundle Prior to Confirmation.) On proposed changed bundle, Appellants looked for to bifurcate Appellee’s claim between your secure and you will unsecured part. (Select Ex lover. P-7 so you’re able to Tr., Section thirteen Package, [hereinafter Modified Chapter 13 Package].) Within the Altered Chapter 13 Plan, Appellants was to pay Appellee the shielded matter. The newest unsecured part of Appellee’s allege would be to be distributed expert rata the remainder of Appellants’ unsecured creditors. Appellants’ Modified Section 13 Bundle taken to a full percentage off the obligation due of the Appellants on Lender out of Danielsville and you may shielded because of the its mobile family, while the vehicle together with pickup owned by Bobby. Appellants’ Modified Section thirteen Bundle don’t provide you to Appellee’s defense deed try *922 are came across or extinguished on the completion off package money. (Id.) Appellee failed to target so you’re able to Appellants’ Modified Chapter 13 Bundle.

With the , new personal bankruptcy courtroom entered an order guaranteeing Appellants’ Modified Part 13 Bundle. (Ex. P-6 so you’re able to Tr., Order Verifying Package.) Money within the Part thirteen package was basically done by Appellants for the 2005. (Tr. 7:1-dos.) On the , the lending company out of Danielsville put-out their safety demand for Appellants’ mobile domestic therefore the most other collateral protecting its loans. To your , the fresh new case of bankruptcy judge registered an order giving Appellants’ Chapter 13 launch. A final decree was also inserted, closure Appellants’ Chapter 13 circumstances. Pursuing the receipt of its discharge, Appellants generated multiple requests of Appellee that it draw its protection deed to your Appellants’ property came across. But not, Appellee refuted. (Id. in the 7:3-8.) Appellants’ Chapter thirteen situation try reopened because of the buy of your bankruptcy proceeding court with the , Appellants filed an enemy proceeding from the personal bankruptcy court. (Id. on 7:8.)