Moffatt Thomas lawyers are experienced in all areas of bank and finance work:
· Formation and Regulatory Advice: Our lawyers have expertise in the formation, operation, acquisition and disposition of banks, bank holding companies and other financial institutions, including obtaining regulatory approval to form or conduct business in Idaho, assisting in the ongoing conduct of their affairs, assisting with the maintenance of regulatory compliance, and responding to compliance issues before the Idaho Department of Finance and federal regulators.
· Loan and Security Documentation: Our lawyers have expertise in negotiating and drafting clear and enforceable term loan agreements, revolving loan agreements, construction loan agreements, take-out loans, non-recourse loans, conduit loans, letters of credit, and project finance documentation, both for lending institutions and for borrowers, in unsecured loans and in loans secured by real and/or personal property. In addition to negotiating and documenting customized loans for lending clients, our lawyers review existing client loan documents to insure compliance with Idaho law, and assist lending institutions in formulating their own standardized loan documents and in modifying their form documents as needed for particular loan transactions.
· Equipment Lease Documentation: Our lawyers have expertise in negotiating and drafting clear and enforceable lease arrangements, including leveraged leases, synthetic leases, operating leases and capital equipment leases, both for lessors and for lessees, for equipment such as aircraft, mining equipment, rolling stock, vehicles, and food and chemical processing equipment.
· Creditors’ Rights and Work-out Arrangements: Our lawyers frequently advise secured and unsecured creditors in connection with loan enforcement, inter-creditor arrangements and disputes, foreclosure and collateral realization, and problem loan restructuring. Our lawyers also represent borrowers in connection with loan enforcement and restructuring of loans with non-client lending institutions. Our bankruptcy lawyers have experience in assisting creditors in connection with all aspects of the bankruptcy process, including prebankruptcy planning, how to avoid preference and setoff issues, how to avoid violating the automatic stay, and how to avoid participating in fraudulent transfers.
· Lender Liability: Moffatt Thomas is a leading firm in Idaho representing lenders in lender liability cases. Our attorneys have been involved in nearly every reported lender liability case in the last 14 years and have achieved great success in defending lenders in every forum. Moffatt Thomas attorneys routinely advise clients regarding lender liability risks associated with enforcing loan documents and offer successful strategies for minimizing the risks associated with foreclosure or enforcement litigation.