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

Rose Law Group expands with seven new attorneys

By Scottsdale Independent Scottsdale-based law firm Rose Law Group is expanding its roster with seven new attorneys and a development planner. Joining the team are land use attorney Alex Hosmar, real estate transaction attorney Seth Young, senior litigation attorney Elizabeth Fine, litigator Ally West, litigator Joshua Austin, family law practitioner Kelsey Fischer Maxwell, corporate and business attorney Alexander Harris, and

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Massive Pinal County power and data center complex advances, with Court Rich, Rose Law Group’s director of renewable energy & utility infrastructure and the firm’s co-founder, presenting the case

By Justin Mathews | Pinal Post Planning and Zoning Commission recommends approval of 3,374-acre complex The Pinal County Planning and Zoning Commission voted 7-3 on October 16 to recommend approval of the La Osa Project’s comprehensive plan amendment. The vote marks the first step in a multi-stage approval process for the massive Pinal County data center and gas-fired power plant

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Mixed-use development recommended for approval by Fountain Hills P&Z, with Rose Law Group land use attorney Sam DeMoss presenting the case

By Citizens Portal The Fountain Hills Planning & Zoning Commission approved a special use permit allowing up to six residential units above street‑front commercial at 16740 East Avenue of the Fountains, a vacant 12,000‑square‑foot lot in the C‑2 (Intermediate Commercial) zoning district and within the planned shopping center and entertainment overlays. Staff told the commission the request is for six

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