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

Dan Gauthier, Rose Law Group transactional attorney, on the uncertain future of 1031 exchanges

By Paul Getty | Wealth Management With the recent change of administrations earlier this year, real estate investors and landlords are on high alert for policy changes that could impact their assets. Of particular interest is the 1031 exchange, which is once again up on the chopping block. 1031 exchanges have been around for one hundred years and have undergone

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State Fair, a million people coming to Ahwatukee’s backyard

(Disclosure: Rose Law Group represents Wild Horse Pass Development Authority in their discussion with the Arizona State Fair.) By Ahwatukee Foothills News The roar of midway rides and the smell of fried everything is coming to a place not far from Ahwatukee this fall. The State Fair Board last week voted to move the 2021 fair to the Wild Horse

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Watch! Jordan Rose, development community talk Scottsdale ‘Corridors of Opportunity

An artist’s rendering shows a potential look for the planned redevelopment of the Mint night club in Scottsdale, which the landowners want to redevelop into a hotel. (Photo courtesy of City of Scottsdale.) By Corina Vanek | Phoenix Business Journal All eyes remain on Old Town as a prime employment and redevelopment area in Scottsdale, even as other parts of

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