Banking & Finance Law

Banking and Finance lawyers at Moffatt Thomas have represented Idaho banking and financial institutions since their early days as neighborhood banks and savings and loan institutions. Our banking and finance attorneys use their experience and knowledge of the financial industry to provide our clients with cost effective and creative problem-solving approaches to achieve our clients’ goals.

Practice Profile

The Banking and Finance lawyers at Moffatt Thomas have extensive experience in the formation, operation, acquisition, and disposition of banks, bank holding companies and other financial institutions, including regulatory approval to form or conduct business in Idaho, assisting in the ongoing conduct of their financial affairs, assisting with the maintenance of regulatory compliance, and responding to compliance issues with the Idaho Department of Finance and the federal regulators.

We also are experienced in negotiating concise and enforceable term loan agreements, revolving loan agreements, construction loan agreements, loan work-out arrangements, 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 loans secured by real and/or personal property.  In addition to negotiating and documenting customized loan agreements for lending clients, our lawyers review existing client loan documents to insure compliance with Idaho law.  We regularly assist lending institutions in formulating their own standardized loan documents and in customizing their form documents as needed for particular loan transactions.  Our firm often acts as local counsel to numerous out-of-state financial institutions in making their loans secured by Idaho properties.

We also negotiate and draft clear and enforceable lease arrangements, including leveraged leases, synthetic leases, operating leases and capital equipment leases, for both lessors and lessees, for equipment such as aircraft, mining equipment, rolling stock, and food and chemical processing equipment.

Our expertise also permits our firm to competently represent clients in their dealings with financial institutions not represented by our firm.


Moffatt Thomas is a member of the Idaho Bankers Association, Idaho’s only full-service trade association representing commercial banks of all sizes and charters that operate in the state.

Experience

  • Loan agreements and amendments for numerous loans made by Idaho’s retirement system to Idaho businesses
  • Negotiation and implementation of a $17 million loan work-out for a cattle feeding operation
  • Representation of a lender group in the foreclosure and collateral disposal of a major ski area and appurtenant resort properties
  • Negotiation and implementation of loan work-out arrangements for a large number of residential and commercial planned unit developments
  • Reorganization and disposition of a resort area condominium project
  • Dairy operation loan work-outs and collateral disposition
  • Assistance in the sales of “distressed” banks
  • Loan work-outs and foreclosures involving automobile dealerships
  • Farm and ranch workouts and foreclosures
  • TARP borrowings and repayments
  • Registration and sales of preferred stock of financial institutions
  • Negotiation and documentation of construction loan for downtown Boise retail development
  • Negotiation and documentation of $40 million credit facility for business acquisition and revolving line of credit
  • Negotiation and documentation of $13 million asset based revolving line of credit
  • Negotiation and documentation of $33 million operating revolving line of credit
  • Negotiation and documentation of term loan for acquisition of skilled nursing facility properties in multiple states
  • Negotiation and documentation of revolving line of credit to contractor for construction of single family homes
  • Negotiation and documentation of $10 million hotel construction loan
  • Negotiation and documentation of $24 million business acquisition term loan

News

Chirstine E Nicholas

Christine E. Nicholas, Moffatt Thomas President, Inducted into Prestigious Real Estate and Finance Organizations: ACREL and ACMA

Moffatt Thomas President, Christine E. Nicholas, has been inducted into both the American College of Real Estate Lawyers (ACREL) and the American College of Mortgage Attorneys (ACMA).

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Moffatt Thomas to Present on “JOBS Act and Capital Raising Legal Update”

Christine Nicholas  and John S. Simko  to address Mountain West Chapter of the Association of Corporate Counsel on “JOBS Act […]

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Chirstine E Nicholas

Christine Nicholas, Moffatt Thomas, Presents on Business Formation at Zions Bank Business Resource Center

Starting and running a business is exciting….and a little scary. You will have opportunities to pursue, challenges to overcome, and a myriad of decisions to make. What can you do right now to protect yourself and the company you are building?

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Moffatt Thomas Attorneys Present at the 34th Annual Bankruptcy Seminar Sponsored by the Idaho State Bar

Moffatt Thomas attorneys Jon A. Stenquist and Tyler J. Anderson led sessions at the Idaho State Bar's 34th Annual Bankruptcy Seminar in Idaho Falls.

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Chirstine E Nicholas

ABC’s of Contracts for the International Sale of Goods, a presentation to the International Law Society of Concordia University School of Law, presented by Christine E. Nicholas

"The ABC's of Contracts for the International Sale of Goods," a seminar for the International Law Society of Concordia University School of Law to be led by Moffatt Thomas attorney, Christine E. Nicholas, on Friday, March 13, 2015.

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Jetta H Mathews

Republic of Argentina v. NML Capital Ltd, a presentation to International Law Section of the Idaho State Bar by Moffatt Thomas attorney, Jetta H. Mathews

Moffatt Thomas attorney, Jetta H. Mathews, discussed the complexities of the Argentine debt dispute during a presentation at the International Law Section of the Idaho State Bar in March, 2015.

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MOFFATT THOMAS presents: New Bankruptcy Proof of Claim Rules

CREDITORS TAKE NOTICE!!! Bankruptcy Breakfast Briefing presented by Moffatt Thomas – The New Bankruptcy Proof of Claim Rules.
What do the changes to the Bankruptcy Proof of Claim Rules mean to potential creditors?

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Chirstine E Nicholas

Equipment Leasing for Construction Financial Managers – Christine E. Nicholas to present to CFMA

Christine E. Nicholas, president of the law firm Moffatt Thomas, will present at the quarterly meeting of the Idaho Chapter of the Construction Financial Management Association (CFMA) on Thursday, April 28, 2016. The presentation is titled, “To Lease or Not to Lease! Considerations for the Construction Financial Manager When Leasing Equipment.”

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C Clayton Gill

Moffatt Thomas Scores a Victory for the Title and Banking Industry

American Bank v. Wadsworth Golf, 307 P.3d 1212 (Idaho 2013). Moffatt Thomas lawyer Clay Gill was able to convince the […]

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Idaho Law Firm, Moffatt Thomas, Ranked Among the Nation’s 2016 “Best Law Firms” by U.S. News

Moffatt Thomas has been named one of the nation’s “Best Law Firms” for 2016 from the publishers of U.S. News […]

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Boise Angel Alliance to hear from Moffatt Thomas on the Implications of the JOBS Act.

Moffatt Thomas and Boise Angel Alliance team up for he presentation, "Implications of the JOBS Act"

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MOFFATT THOMAS ATTORNEYS NAMED BY BEST LAWYERS® 2016

Moffatt Thomas attorneys were recently selected by their peers for inclusion in Best Lawyers in America© 2016.

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Leadership Idaho Agriculture: 2016 The Legal Side of Agriculture

The Legal Side of Agriculture. Moffatt Thomas will once again share current legal information with Leadership Idaho Agriculture Class 36 and Alumni at a half-day session on February 17, 2016.

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Super Lawyers Selects 12 Moffatt Thomas Attorneys for 2016

Twelve Moffatt Thomas attorneys were recently selected by 2016 Super Lawyers for their accomplishments in the fields of business/corporate law, business litigation, banking, employment law, environmental law and litigation, insurance defense, and medical and professional malpractice defense.

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“Discovery of Electronically Stored Information” an ACC Webinar Presented by Moffatt Thomas – May 12, 2015

Moffatt Thomas attorney, Tyler Anderson, and IT Manager, Marshall Major, will present legal aspects and technology tips for advancing and responding to eDiscovery, asking attendees to pose the question, "What Would the Judge Want?"

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Sixth District Bar Association Elects New Officers – Moffatt Thomas attorney, David P. Gardner, elected President

David P. Gardner, managing partner for the Pocatello office of Moffatt Thomas, was elected President of the Sixth District Bar Association on April 12, 2012.

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Boise Philharmonic 2015-2016 Season contributing sponsor Moffatt Thomas, The Sound of Our City

Moffatt Thomas is proud to sponsor the Boise Philharmonic 2015-2016 season: The Sound of Our City

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C. Clayton Gill presents “Startup 101” at Boise Startup Week

Moffatt Thomas attorney Clay Gill kicks off Boise Startup Week with "Startup 101: Understanding and Navigating the Risks of a Startup Company," October 11, 2016.

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David P Gardner

DAVID P. GARDNER, MANAGING PARTNER OF MOFFATT THOMAS’ POCATELLO OFFICE, RECIPIENT OF SOUTHEAST IDAHO PROFESSIONAL OF THE YEAR AWARD

Moffatt Thomas attorney David P. Gardner was honored for his extraordinary professional, community and civic accomplishments as a 2015 Southeast Idaho Professional of the Year. The awards were given at a dinner gala at Idaho State University's Stephens Performing Arts Center.

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Discovery in Complex Litigation, Practical Tips presented by Moffatt Thomas attorneys, James L. Martin and Tyler J. Anderson

Moffatt Thomas attorneys Jim Martin and Tyler Anderson will present “Practical Tips for Discovery in Complex Litigation” to third year law students at the University of Idaho School of Law on Wednesday, October 19, 2016.

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David P Gardner

MOFFATT THOMAS ATTORNEY, DAVID P. GARDNER, ACHIEVES THE HIGHEST POSSIBLE RATING FROM MARTINDALE-HUBBELL®

Martindale-Hubbell® has awarded Idaho attorney David P. Gardner the prestigious AV Preeminent® Peer Review Rating™ in Commercial Law and Workers Compensation.

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Resources

C Clayton Gill

Attorney’s Guide to Cross-Examining or Defending the Financial or Business Valuation Expert

Attorney’s Guide to Cross-Examining or Defending the Financial or Business Valuation Expert, by C. Clayton Gill Download PDF

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Choice of Business Entity: Risks and Benefits (or, “I Might be Liable for What!?!”)

Choice of Business Entity: Risks and Benefits (or, “I Might be Liable for What!?!”), by Christine E. Nicholas Download PDF

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Alex N Semanko

“The Short End: Abandoning the Leasehold,” Alex N. Semanko, Moffatt Thomas

It is a fear for many landlords when they decide to go into the rental property business: what happens if someone rents your property and then decides they want to break their lease early? This is where things can get tricky. Before you do anything at all, you need to know your rights as they pertain to the law.

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The ABC’s of the CISG (Contracts for the International Sale of Goods)

Moffatt Thomas attorney Christine Nicholas, Compares the UN Convention on Contracts for the International Sale of Goods to UCC Article 2.

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Patricia M Olsson

Confidentiality of Personal, Company, and Customer Information: HIPAA and Beyond

Confidentiality of Personal, Company, and Customer Information: HIPAA and Beyond, by Patricia M. Olsson Download PDF

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C Clayton Gill

Minority Shareholder Oppression – an Equitable Remedy for a Wrongfully Terminated Owner in a Closely Held Company – C. Clayton Gill

Terminating the employment of a minority shareholder without just cause may result in unintended and significant cash flow consequences for majority shareholders. This article will address a new equitable cause of action, minority shareholder oppression, and how to avoid claims for minority shareholder oppression through carefully drafted agreements. Written by C. Clayton Gill, Moffatt Thomas. Published in the Idaho State Bar periodical, The Advocate, May 2017.

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