To your , Appellants filed to own Part 13 personal bankruptcy recovery

At the time Taylor Bean made the mortgage, Appellants’ cellular home ended up being setup with the acres and you can Appellants didn’t come with aim of swinging the new mobile house on homes. (Id. in the -19.) This new wheels and you may axles attached to the halves of one’s cellular family have been got rid of when Appellants gone new mobile household onto the property. (Id, at the 41:8-9.) In addition, this new tongues had been removed. (Id. within twenty-seven:6-7.) Appellants situated a great septic system and you will a liquids well, and after Taylor Bean made the mortgage, Appellants created good mortared cinderblock basis to all corners off their house. (Id. during the 37:7-38:nine.) Appellants together with installed exterior air conditioning units (id. from the 42:8-9), in addition to electronic solution, (id. at the -25).

II. Bankruptcy Legal proceeding

(Tr. 5:23-25.) In the course of the new submitting, Bobby are compelled to Appellee for a loan protected of the Appellants’ acres and you may developments, and you will Appellants had been jointly obligated to the lending company from Danielsville to possess financing covered because of the Appellants’ mobile household and a motor vehicle and you may pickup truck owned by Bobby. Into , Appellee filed its covered evidence of allege into personal bankruptcy legal about level of $104,, symbolizing the primary and you may pre-petition arrearage due by Appellants.

Appellants’ basic recommended bundle provided, from inside the relevant one to, one «[confirmation associated with package commonly extinguish the second lien into [Appellants’] house kept because of the [the lending company from Danielsville] as a result of the shortage of worth to support the new said lien

Appellants served and you may submitted its basic advised Part thirteen package, and that open to remove the fresh new arrearage due on the duty from the to make costs by way of the Section 13 plan. Normal post-petition, monthly installments into the obligation was to be manufactured to help you Appellee privately. (Id. in the six:1-5.) Appellants continued for some months adopting the the filing making their regular, post-petition, monthly premiums right to Appellee. » (Part thirteen Plan, .) Appellee failed to object in order to Appellants’ basic suggested package.

Into , Appellants gave see of advised modification of their Part 13 bundle ahead of confirmation. (Discover Ex lover. P-3 so you can Tr., Find of Mot. to have Modification off Plan Ahead of Verification.) On the recommended modified plan, Appellants sought so you’re able to bifurcate Appellee’s claim amongst the secure and unsecured section. (Come across Ex. P-eight so you can Tr., Chapter thirteen Package, [hereinafter Changed Chapter 13 Package].) Within the Modified Part 13 Package, Appellants were to shell out Appellee their shielded amount. This new unsecured portion of Appellee’s claim were to be distributed loan places Chaires FL expert rata with the rest of Appellants’ unsecured loan providers. Appellants’ Changed Chapter 13 Package sent to the full fee from the responsibility due by Appellants into the Lender of Danielsville and you can covered by its cellular house, therefore the vehicle and the pickup truck belonging to Bobby. Appellants’ Modified Part thirteen Plan don’t render you to definitely Appellee’s shelter deed are *922 to-be came across or extinguished through to the conclusion out of package payments. (Id.) Appellee failed to target so you can Appellants’ Changed Chapter 13 Plan.

Into , the bankruptcy proceeding court inserted your order verifying Appellants’ Changed Chapter 13 Plan. (Ex. P-6 to help you Tr., Order Guaranteeing Package.) Payments according to the Chapter 13 package was accomplished by Appellants for the 2005. (Tr. 7:1-2.) To your , the financial institution out of Danielsville released their defense need for Appellants’ mobile family while the most other guarantee securing its debt. To your , the latest case of bankruptcy courtroom registered your order giving Appellants’ Chapter 13 discharge. A last decree has also been registered, closure Appellants’ Section 13 situation. Following the acknowledgment of the discharge, Appellants generated numerous requests from Appellee it mark their cover action into the Appellants’ real property met. not, Appellee denied. (Id. within eight:3-8.) Appellants’ Section thirteen circumstances is actually reopened of the order of personal bankruptcy judge to the , Appellants registered an enemy proceeding regarding case of bankruptcy courtroom. (Id. from the 7:8.)