Stewart v. Hodge

ERVIN, Judge.

Plaintiff Frank Stewart appeals from an order denying his objections to the schedule of exempt property claimed by Defendant Timothy Hodge on the grounds that Plaintiff’s objections were not filed in a timely manner. After careful consideration of Plaintiff’s challenges to the trial court’s order in light of the record and the applicable law, we conclude that the trial court’s order should be reversed and that this case should be remanded for further proceedings not inconsistent with this opinion.

I. Factual Background

On 7 February 2008, Plaintiff loaned approximately $400,000.00…