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

Mercado Courtyards, with essential worker program, approved by Scottsdale development board; Rose Law Group Co-founder Court Rich makes the case

(Disclosure: Rose Law Group represents Caliber.) By J. Graber | Scottsdale Progress Two complexes that would bring a combined 492 apartments to an area near the intersection of 92nd Street and Shea Boulevard have won their first round of city approvals. The Scottsdale Development Review Board voted Nov. 3 to recommend City Council and City Planning Commission approval of the

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Chandler tables ordinance aimed at data center developers after Rose Law Group Senior Partner and Real Estate Transactions Department Chair, Cameron Carter, addresses city council

(Disclosure: Rose Law Group represents Aligned Data Centers.) By Ron Davis | Phoenix Business Journal After hearing from a data center developer’s lawyer, Chandler City Council postponed action until next month on an ordinance that would add noise and other requirements for data centers within the city. The decision came after Cameron Carter, an attorney with Rose Law Group who

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Paradise Valley Town Council takes first blush look at Scottsdale Plaza Resort revitalization proposal

(Disclosure: Rose Law Group represents Highgate.) By Terrance Thornton | Digital Free Press Thursday, Oct. 13 marks the beginning of a new chapter for the legacy resort property at the edge of the Town of Paradise Valley along Scottsdale Road as the destination is destined for a rebirth as development plans have formally been submitted at Town Hall. The Scottsdale Plaza Resort, 7200 N.

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