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

Jordan Rose, founder and president of Rose Law Group, pitches new Phoenix Country Day School performance arts center to PV commission

COURTESY TOWN OF PARADISE VALLEY By MacKenzie Brower | YourValley The Paradise Valley Planning Commission continues to review Phoenix Country Day School’s proposal for a new performance arts center and parking lot. The commission has until March 5 to review and make a recommendation to Town Council. Two study sessions have been held Dec. 5 and Jan. 16 with some members also touring the site between meetings. A neighborhood meeting is scheduled for Feb. 8 in PCDS’ welcome center before the public hearing Feb. 20. Paradise Valley, Scottsdale and Phoenix residents are within

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What’s driving opposition to the proposed Swags Restaurant? In Scottsdale Progress, Swags owner Aaron Wagner and Rose Law Group Co-founder Court Rich speak to the ‘ironic’ situation

By Tom Scanlon | Scottsdale Progress For partiers who can’t make it to Bourbon Street in New Orleans, the Entertainment District in Scottsdale will do. Near the intersection of Camelback and Scottsdale roads, the young and restless can whoop it up and bar hop, with one venue after another cranking DJ music or live bands. During the first 11 months

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Swags Restaurant rezone request to be heard by Scottsdale City Council; Court Rich, co-founder of Rose Law Group, talks to the Independent about the case

(Disclosure: Rose Law Group represents Wags Capital.) By J. Graber | Your Valley The zoning battle over a third story on the proposed Swags Restaurant downtown should come to a close Tuesday, Jan. 9. The issue is scheduled to go before the city council for a third time during its regularly scheduled meeting. Developer Aaron Wagner has been seeking approval since October

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