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

Shady Park Tempe pauses operations amid changes prompted by noise complaints; issue needed to be nipped in the bud, says Rose Law Group Sr. Project Manager Jennifer Hall

By Lynn Trimble | Phoenix New Times Shady Park Tempe is temporarily ceasing operations, according to a statement posted on its Facebook page on Wednesday, July 7. It’s the latest development in an ongoing controversy involving noise complaints made by residents living in a new residential tower that caters to senior citizens. “We are pausing operations to construct a step-pyramid over parts of the park to help contain

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Watch Nick Labadie, Rose Law Group Sr. Planner, on YouTube answering zoning questions on glamping and tiny homes

  The channel: “Keep It Tiny – Business of Glamping and Tiny Homes.” Featuring: An interview with Senior Planner/Project Manager Nick Labadie who has years of zoning experience at Rose Law Group. “What if glamping is not allowed on the land I already own?” That question kicks off today’s interview, and Nick shares his insight on other topics including: • Be creative & flexible with

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A PBJ Special Report: Rose Law Group Founder and President Jordan Rose among 20 Valley names to know in residential real estate

(Disclosure: Rose Law Group represents Christopher Todd Communities, Empire Group, Fulton Homes, Lennar, Taylor Morrison, and Sunbelt Holdings.) By Angela Gonzales | Phoenix Business Journal Jordan Rose Founder Rose Law Group PC After starting Rose Law Group in 2000 — originally leasing space in another lawyer’s storage room — Jordan Rose has grown the Scottsdale-based firm to the largest woman-owned law

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