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November 2014

Lawren Mills Honored as Indianapolis Bar Foundation Distinguished Fellow

November 19, 2014
Lawren Mills of Ice Miller Strategies LLC has been named to the 2014 class of Distinguished Fellows and was honored at the Indianapolis Bar Association and Foundation Recognition Luncheon on Thursday, November 14.

Fraud and Security Breaches May Warrant an Exemption from TCPA Liability for Text Messages from Banks to Customers

November 19, 2014 by Isaac J. Colunga, Partner
According to a recent FCC Petition, identity theft and fraud are at historically high levels as a result of data and security breaches.

Sixth Circuit Determines that Article III Prevents Parties From Consenting to Final Judgments by Bankruptcy Courts: Waldman v. Stone

November 17, 2014 by Tyson A. Crist, Partner
In the ongoing fallout from the Supreme Court’s landmark bankruptcy decision in Stern v. Marshall, the Sixth Circuit Court of Appeals has become the first and only Circuit Court to decide that regardless of the consent or waiver of parties, there are certain types of claims that bankruptcy courts do not have constitutional authority to finally decide.

Ninth Circuit Determines Article III Bars Bankruptcy Courts From Entering Final Judgments on Fraudulent Transfer Claims: Bellingham Insurance Agency, Inc.

November 14, 2014 by Tyson A. Crist, Partner
The Ninth Circuit Court of Appeals recently issued a long-awaited and much-anticipated decision applying the United States Supreme Court’s landmark ruling in Stern v. Marshall to fraudulent transfer claims. 

Stern Has Nothing to Do with Subject Matter Jurisdiction — The Real Limits of Bankruptcy Court Jurisdiction

November 13, 2014 by Tyson A. Crist, Partner
Much has been written about the U.S. Supreme Court’s decision in Stern v. Marshall and its fallout in the bankruptcy, district and appellate courts.

Stern Now Acknowledged to Weigh in Favor of Withdrawing Cases from Bankruptcy Court

November 10, 2014 by Tyson A. Crist, Partner
In two recent decisions, district courts have now acknowledged that the Supreme Court’s decision in Stern v. Marshall must be factored in when deciding whether to leave an adversary proceeding in bankruptcy court—whether to withdraw the reference.

Financing Options: Relevant Laws

November 7, 2014 by Robert J. Schillerstrom, Partner
Adherence to federal and Illinois state laws is a required component of any bond issuance. Below is a sampling of current laws that govern the borrowing activities of cities and villages.

Financing Options: Types of Bond Sales

November 6, 2014 by James M. Snyder, Partner
Once the city or village makes a decision to raise capital by means of issuance of bonds, it must next consider which method of finding a “lender” or buyer of the bonds works best. Illinois cities and villages have flexibility as to the method of sale. A competitive sale is not required.

Summary of Bonds Issued by Cities and Villages under Illinois Law

November 6, 2014 by Robert J. Schillerstrom, Partner
Summary of Bonds Issued by Cities and Villages under Illinois Law

Financing Options: Types of bonds

November 5, 2014 by James M. Snyder, Partner
There are a number of different forms of bonds/debt that a city or village may issue to meet its financing needs. These include, among others, general obligation bonds, revenue bonds, alternate revenue source bonds, debt certificates/installment contracts, leases, special service area bonds, special assessment bonds, tax anticipation warrants, tax anticipation notes, revenue anticipation notes, funding bonds and tax increment bonds. Refunding bonds have been issued more frequently in recent years due to the lower interest rate environment.

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