Equipment Lease Defaults, Terminations and Recoveries

The Rose Law Group provides a comprehensive set of services to commercial lessors of equipment and other personal property pursuant to Uniform Commercial Code Article 2A as enacted in Arizona. The firms services encompass lessors of heavy equipment and machinery, lessors of medical and hospital equipment and lessors of rolling stock.

The firm handles lease enforcement arising from defaults of both true leases and leases intended as security. Many times such claims involve master leases with separate addendums for each additional lot of acquired equipment, Where desired by the lessor, the firm will assist its lessor clients with negotiated workouts. Similarly, when the lessor feels that the prospects for successful negotiation without litigation are slim, the firm will commence appropriate litigation against the lessee and any guarantors.

When a bankruptcy filing is undertaken by the lessee, the firm can provide a complete suite of bankruptcy related services including motions to lift the automatic stay, the filing of pre-filing proofs of claims and applications for post-petition administrative expense allowance, adequate protection and insurance motions, motions to compel the debtor to accept or reject executory lease contracts, the prosecution of complaints objecting to dischargeability or discharge, plan confirmation disputes, and the defense of adversary complaints seeking to recharacterize true leases as secured debt transactions.

Attorneys in the firm have experience in negotiating with lessees to secure consensual liquidation of  leased equipment at auctions conducted by Ritchie Bros. Auctioneers and other well known sale resources.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in the area of equipment leasing litigation and claims. These credentials include, but are not limited to, Certified Business Bankruptcy Specialist, American Board of Certification; Certified Creditors’ Rights Specialist, American Board of Certification; and Certified Bankruptcy Specialist, State Bar of Arizona Board of Legal Specialization.

On Our Team

In The News

Queen Creek P&Z recommends approval for parking lot, with Rose Law Group Partner & Land Development Solutions Director Chris Webb presenting the case

(Disclosure: Rose Law Group represents Carder Development.) By Janet Perez | Queen Creek Independent The Queen Creek Planning & Zoning Commission has recommended a rezoning and site plan that would allow a local real estate development firm to expand its parking lot on land currently in Maricopa County. At its Wednesday meeting, the commission voted 6-0 to recommend the requests by Carder Development to the Queen

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Tempe council approves driveway change, with Rose Law Group Land Use Attorney Jon Gillespie handling the case

(Disclosure: Rose Law Group represents the Goettle family.)  By Madeline Bates | Tempe Indpendent The Tempe City Council gave the green light for a family to move their driveway, despite concerns from neighbors and the potential impact to a school across the street. The Goettle family owns a home across from C.I. Waggoner Elementary School and were seeking approval from the council

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Lennar snags lots near TSMC; Jordan Rose, founder and president of Rose Law Group, comments in Business Journal

(Disclosure: Rose Law Group represents the seller.) By Angela Gonzales | Phoenix Business Journal One of the nation’s largest homebuilders has secured 444 lots near the Taiwan Semiconductor Manufacturing Co.’s $265 billion development in north Phoenix. AGWIP Asset Management, land banker for Miami-based Lennar Corp. (NYSE: LEN), plopped down $60.14 million in cash for the land spanning 132.24 acres near 117th Avenue

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