Peña Madridista De Boada La Novena

To the , Appellants recorded getting Part 13 bankruptcy proceeding rescue

During the time Taylor Bean made the borrowed funds, Appellants’ mobile house was actually create towards acres and you can Appellants had no goal of moving the latest mobile house throughout the residential property. (Id. during the -19.) The latest rims and you online personal loans New Mexico may axles attached to the halves of the mobile family have been got rid of whenever Appellants went this new cellular domestic onto the possessions. (Id, within 41:8-9.) Additionally, this new tongues was basically got rid of. (Id. at the 27:6-seven.) Appellants built an effective septic system and a drinking water well, and you can shortly after Taylor Bean generated the loan, Appellants created a good mortared cinderblock basis to all edges from their house. (Id. within 37:7-38:nine.) Appellants together with strung additional air conditioning units (id. within 42:8-9), including electronic services, (id. from the -25).

II. Case of bankruptcy Procedures

(Tr. 5:23-twenty-five.) At the time of the fresh filing, Bobby try compelled to Appellee for a financial loan secure from the Appellants’ acres and improvements, and you may Appellants had been together forced to the lending company off Danielsville for financing shielded because of the Appellants’ cellular house and you can an automible and you can pick up truck owned by Bobby. With the , Appellee registered their protected proof claim towards the personal bankruptcy legal in the number of $104,, symbolizing the primary and you can pre-petition arrearage due by Appellants.

Appellants’ earliest recommended package given, for the relevant one, you to «[verification of the bundle usually extinguish next lien on [Appellants’] household held by [the lending company out of Danielsville] due to the not enough well worth to support the fresh new advertised lien

Appellants supported and you may submitted their basic recommended Chapter thirteen plan, and this offered to reduce the new arrearage owed on the obligations because of the and come up with repayments due to their Section thirteen bundle. Regular blog post-petition, monthly premiums for the duty was to be manufactured to Appellee physically. (Id. from the six:1-5.) Appellants continued for some months after the the filing and work out the regular, post-petition, monthly payments right to Appellee. » (Section 13 Plan, .) Appellee did not object so you’re able to Appellants’ very first recommended package.

To your , Appellants provided find of suggested modification of its Chapter thirteen bundle prior to confirmation. (Get a hold of Ex. P-3 to help you Tr., Find of Mot. getting Modification regarding Plan Just before Verification.) Regarding the recommended changed bundle, Appellants tried so you can bifurcate Appellee’s allege between the safeguarded and you can unsecured part. (Look for Ex lover. P-7 to Tr., Part 13 Bundle, [hereinafter Altered Part thirteen Package].) According to the Changed Part thirteen Bundle, Appellants were to spend Appellee their safeguarded matter. The newest unsecured part of Appellee’s claim would be to be paid expert rata the rest of Appellants’ unsecured financial institutions. Appellants’ Changed Chapter 13 Bundle delivered to an entire commission from the responsibility due from the Appellants to your Lender regarding Danielsville and you may secure because of the the cellular household, additionally the vehicle therefore the pick up truck owned by Bobby. Appellants’ Modified Section 13 Package failed to bring one Appellee’s security deed is *922 are found or extinguished up on the culmination regarding package money. (Id.) Appellee did not target so you can Appellants’ Modified Section thirteen Package.

To your , the newest bankruptcy court registered an order guaranteeing Appellants’ Changed Chapter thirteen Bundle. (Ex lover. P-6 to help you Tr., Purchase Verifying Package.) Payments within the Part 13 package was in fact finished because of the Appellants in 2005. (Tr. 7:1-dos.) On the , the financial institution away from Danielsville put-out its security need for Appellants’ mobile home while the almost every other guarantee protecting its personal debt. On the , the latest personal bankruptcy legal registered your order granting Appellants’ Part 13 launch. A final decree was also registered, closure Appellants’ Section 13 case. After the bill of its release, Appellants produced numerous demands out-of Appellee so it mark the defense deed towards Appellants’ property satisfied. But not, Appellee refuted. (Id. in the seven:3-8.) Appellants’ Section thirteen case was reopened by the acquisition of bankruptcy court on , Appellants filed an enemy proceeding about personal bankruptcy courtroom. (Id. at the seven:8.)