“Ever tried. Ever failed. No matter. Try again. Fail again. Fail better.” Samuel Beckett in Worstword, Ho. Many have tried to extend the deadline for discharge complaints that is found in Bankruptcy Rule 4007(c), almost always after missing the deadline. The Eleventh Circuit recently affirmed that equitable tolling still does not apply to extend the deadline in TL90108 LLC v. Ford, 147 F.4th 1351, 2025 WL 2304512 (11th Cir., August 11, 2025). The issue was whether equitable tolling applied to the Bankruptcy Rule 4007(c) deadline to file a complaint under 11 U.S.C. §523(c) in light of subsequent Supreme Court opinions.
A previous panel held that equitable tolling did not apply to Rule 4007. See In re Alton, 837 F.2d 457 (11th Cir. 1988). The Creditor argued that the decision in Alton had been abrogated by the Supreme Court’s decisions in Kontrick v. Ryan, 540 U.S. 443, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004), and Holland v. Florida, 560 U.S. 631, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). In Kontrick, the Supreme Court held that Rule 4004 (denial of discharge) was a non-jurisdictional claim-processing rule, but it stopped short of deciding whether equitable tolling might apply.
After Kontrick, the Court considered, in Holland, 560 U.S. at 645, 130 S.Ct. 2549, whether the nonjurisdictional statute of limitations in the Antiterrorism and Effective Death Penalty Act (“AEDPA”) may be equitably tolled. The Court concluded that “a nonjurisdictional federal statute of limitations is normally subject to a rebuttable presumption in favor of equitable tolling.” Id. at 645–46, 130 S.Ct. 2549 (emphasis in original) (internal quotation marks omitted). Thus, based on the combination of Kontrick and Holland, the limitations period in Rule 4004—closely related to Rule 4007 —is presumably subject to equitable tolling.
The Creditor argued that these cases effectively established that Rule 4007 was also a non-jurisdictional, claim-processing rule like Rule 4004 and “have removed Alton’s doctrinal underpinning to the point of abrogation, leaving behind the presumption in favor of equitable tolling.” The Circuit panel agreed that Rule 4007 is also a non-jurisdictional, claim-processing rule but that was not sufficient to overturn Alton. Nothing in Kontrick leads to the conclusion that Rule 4007 can be equitably tolled, and Holland does not apply to the Bankruptcy Rules. “The doctrinal underpinning of our decision in Alton was a plain reading of Rule 4007(c) and the absence of any express language in the rule indicating that its deadline was subject to equitable doctrines.” See also Nutraceutical Corp. v. Lambert, 586 U.S. 188, 139 S.Ct. 710, 203 L.Ed.2d 43 (2019) (“Whether a rule precludes equitable tolling turns not on its jurisdictional character but rather on whether the text of the rule leaves room for such flexibility.” (emphasis added). The Creditor’s motion to extend the deadline to file a discharge complaint was, therefore, properly denied in the Bankruptcy Court.
Scott Riddle’s practice focuses on bankruptcy and reorganization. Scott has represented businesses and other parties in Bankruptcy cases for over 20 years. You can contact Scott at 404-815-0164 or scott@scottriddlelaw.com. For more information, click here.