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

TPC sportsbook a sure bet for Scottsdale; Rose Law Group Founder and President Jordan Rose, Senior Planner, Jennifer Hall, and traffic engineer, Paul Basha helped make it happen!

(Disclosure: Rose Law Group represents PGA Tour.) By J. Graber | Scottsdale Progress A sports betting book will become a reality in Scottsdale. Scottsdale City Council voted 6-1 to approve a conditional use permit to allow a sportsbook at southeast corner of Hayden and Bell Roads. TPC Scottsdale, which hosts the Waste Management Phoenix Open, the PGA Tour’s most -attended

Read More »

Taylor Morrison closes on Mesa land once owned by dairy farmers

(Disclosure: Rose Law Group represents Taylor Morrison and Lennar.) By Angela Gonzales | Phoenix Business Journal Scottsdale-based Taylor Morrison Home Corp. is the first homebuilder to close on a prime chunk of vacant land that once was a dairy farm in Mesa. Taylor Morrison (NYSE: TMHC) paid $56.43 million for 178 acres at a new 1,200-acre master-planned community called Hawes

Read More »