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

Arizona municipalities welcome homebuilding growth; Jordan Rose, founder and president of Rose Law Group, talks about it with KTAR

Jordan Rose By Griselda Zetino | KTAR PHOENIX — At a time when the housing market in the Valley is desperate for more inventory, homebuilders are trying to keep up. However, they must get plans and permits approved first before they can have shovels hitting the ground. That’s where attorneys like Jordan Rose come in. The founder and president of Rose Law

Read More »

What Pinal County legislators are working on; Rep. Cook and Sen. Shope interviewed by Jordan Rose, Rose Law Group Founder and President

By Madelaine Braggs | Rose Law Group Reporter Representative David Cook (R) and Senator T.J. Shope (R) say they’re working across chambers to make sure Pinal County is getting equal attention in the state legislature. Pinal Partnership hosted an event Friday at the Windmill Winery in Florence, inviting the Arizona lawmakers to give the community an update on local legislature.

Read More »

Dan Gauthier, attorney at Rose Law Group, unpacks ruling vacating CDC eviction moratorium

By Kyle Swensen | Washington Post In a ruling that could have a tremendous impact on millions of Americans, a federal judge in Washington D.C. on Wednesday ruled that the Centers for Disease Control and Prevention overstepped its legal authority when it issued a nationwide eviction moratorium.U.S. District Court Judge Dabney Friedrich’s 20-page order says that the protection, first put in place

Read More »