In Coney Island Auto Parts Unlimited Inc. v. Burton, 2025 WL 1603597, arising out of In re Vista-Pro Automotive LLC, a Chapter 11 case converted to Chapter 7, the Supreme Court granted certiorari on the issue of a time bar under Fed. Rule Civ. P. 60(b)(4) for filing a motion to set aside a judgment that is allegedly void. The defendant in an action filed by the debtor alleged lack of personal jurisdiction because of improper service, and five years after entry of the default judgment the defendant moved under Fed. Rule Bankr. P. 9024 and Fed. Rule Civ. P. 60(b)(4) to set aside the judgment. Rule 60(c) states that a motion under Rule 60(b) must be filed within a reasonable time. See Kemp v. United States, 596 U.S. 528 (2022) (citing Rule 60(c)).
The Court’s determination of reasonable time and potential limitations on time to file a Rule 60(b)(4) motion will have application in other bankruptcy cases, including consumer cases, in which judgments have been obtained and motions related to those judgments or their collection are filed.



