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.
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In The News
Thomas A. Gilson, Rose Law Group partner and co-chair of the firm’s litigation department, talks to PBJ about design studio’s lawsuit against developer over unfinished homes
By Angela Gonzales | Phoenix Business Journal A lawsuit has been filed against Mesa-based ZenniHome LLC, a developer that went out of business before completing the construction of 160 homes on the Navajo Nation. ZenniHome received a $22 million payment but only partially constructed 18 homes before closing up shop, according to the complaint filed in the Superior Court of
Tempe planner Templeton joins Rose Law Group
By East Valley Tribune Rose Law Group has hired Ty Templeton as a planner and project manager within its Land Development Solutions Group. Templeton had been with the City of Tempe Community Development Department, reviewing development applications, preparing staff reports, and presenting projects at public hearings. “His public-sector background provides clients with practical insight into how municipalities interpret zoning codes, apply design standards,
Rose Law Group’s Joseph Rainey: The fastest real estate attorney in Arizona
By Rose Law Group Reporter At Daytona, everything feels bigger than expected—the speed, the sound, the stakes. For Joseph Rainey, Rose Law Group real estate, business and corporate transactions attorney, the experience wasn’t just about racing at one of the most iconic tracks in the world, but about the moments inside it: the trust between drivers, the split-second decisions, and the