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.

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In The News

Rose Law Group attorney Dan Gauthier on why the case for investment in Opportunity Zones is stronger than ever

By Carlos Jose Rodriguez Sr | Forbes The opportunity clock is ticking. As a critical deadline in the qualified opportunity zone program approaches on December 31, 2021, investors are finding the potential tax benefits of the program increasingly attractive — in no small part because capital gains tax rates are almost certain to go up in the weeks ahead. Just

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[PODCAST] ULI Arizona kicks off ‘Real Talk,’ with Rose Law Group Founder and President Jordan Rose as very first guest

ULI Arizona presents Real Talk, a podcast featuring conversations with the industry’s most prominent leaders.  Season 1 is just under way and we are excited to offer plenty of interesting topics for discussion:  lessons learned from leaders, trends in real estate, housing affordability discussions, market updates…and so much more to come! SEASON 1 Episode 1:  A Conversation with Jordan Rose For

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Disappearing City Limits: A Look at Pinal County; Moderated by Court Rich, Rose Law Group co-founder

By Madelaine Braggs | Rose Law Group Reporter  Arizona’s homebuilding and development industry packed into the Fairmont Scottsdale Princess Friday for the 12th annual highly anticipated AZ Dealmakers conference, presented by Zonda. It was an opportunity to catch up on latest development strategies and deals that are pioneering a new landscape. Among industry experts in the lineup, was Rose Law Group

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