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

Winslow approves restructured agreement with Atlas Global Development

(Disclosure: Rose Law Group represents Atlas Global Development Group and Global Logistics Development Partners.) By Shawn White The Winslow City Council on Feb. 24, unanimously approved a significant restructuring of its agreement with Atlas Global Development. City Manager David Coolidge, who has led negotiations on the deal and presented the item to the council, said, “As you’re well aware, we’ve been working

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Rose Law Group Founder and President Jordan Rose discusses Phoenix Country Day School renovation plans in Paradise Valley Independent

(Disclosure: Rose Law Group represents Phoenix Country Day School.) By Paradise Valley Independent Phoenix County Day School has plans for major renovations to the campus including improvements to the existing baseball field, a new wellness center and two new digital information signs. To fulfill those renovations, the school, represented by Rose Law Group, will need to receive council approval of a statement

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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

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