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ABI Journal

5th Circuit

Fatally Defective Complaint Can Still Have ‘Related To’ Jurisdiction

Fifth Circuit warns about conflating jurisdiction and the merits.

Fifth Circuit Sticks by ‘Specificity’ Test for Third-Party Releases

Generic language won’t release third parties in the Fifth Circuit.

Judge Properly Attached Strings to a Full-Payment Chapter 13 Plan

Equity powers enable a judge to put the screws to a chapter 13 debtor.

Fifth Circuit Clarifies Rule on Surcharging Collateral Under Section 506(c)

Specific intent to benefit the lender not required before surcharging collateral.

Vacation in New Orleans Is Grounds for Removing a Trustee for Cause

Fifth Circuit punts on case setting the standard for removal of a trustee for “cause.”