In its recent decision, Matter of Langston, 59 F.4th 346 (5th Cir. 2025), the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit or court) found that “the time limits set forth in the Federal Rules of Bankruptcy Procedure are subject to equitable defenses.”
Time Limits Subject to Equitable Defenses, Fifth Circuit Rules
Langston serves as a reminder that the expiration of a deadline in the Rules may not be the final word on the matter. While not often the case, there may be an equitable defense to an expired deadline.
By
Lawrence J. Kotler and Geoffrey A. Heaton
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