Guaranty Litigation and Recoveries

The range of different types of guaranties and the particular circumstances which trigger guaranty liability are extremely varied. For example, there are guaranties of payment, guaranties of collection and “bad boy” guaranties which import guaranty liability into nonrecourse lending situations if certain acts are committed (i.e. a voluntary chapter 11 filing by the borrower) or conditions are permitted to arise (i.e. waste or environmental contamination).

Guaranties are not self-executing and often are not collateralized. Any commercial lender or other holder of a guaranty will normally find itself having to vigorously take the offensive to collect upon a guaranty. Filing suit and obtaining a judgment are often only the first steps towards collecting upon a guaranty. Asset protection strategies and statutory limitations with regard to limiting creditors to the charging order remedy when collection against membership interests in limited liability companies can pose serious roadblocks and challenges to guaranty judgment collection.

The attorneys of Rose Law Group have the depth of experience and knowledge to go far beyond the surface in utilizing post-judgment discovery and collection procedures. This includes, but is not limited to, challenging asset protection structures on alter ego theories, third party discovery and collection, foreign asset discovery and collection and fraudulent transfer and trust fund theory challenges to various efforts to divert assets from the reach of guaranty judgment creditors.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in guaranty 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, highlights why the Valley should be Samsung’s top choice

Arizona land department again postpones auctions for property eyed by Samsung By Corina Vanek | Phoenix Business Journal For a fourth time, two Arizona State Land Department auctions for land that had been under consideration as a potential site for a new Samsung factory were adjourned after no bidders placed bids. The appraisals on both parcels were set to expire

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Business leaders talk manufacturing future, jobs at Pinal Partnership; Rose Law Group Founder and President Jordan Rose moderates

By Aaron Dorman | Pinal Central (Photo via Pinal Partnership Twitter) GOLD CANYON — According to Arizona Chamber of Commerce CEO Danny Seiden, the only thing hotter than Arizona’s temperature is its economy. This month’s Pinal Partnership breakfast discussion, held at Gold Canyon Golf Resort, focused on bringing manufacturing jobs to the region. While the panelists touted the business-friendly atmosphere

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Rose Law Group attorney Tom Galvin on Gov. Ducey putting an end to extra $300 in federal unemployment benefits

By Ryan Randazzo | Arizona Republic Gov. Doug Ducey on Thursday said he will end the $300 supplement to jobless benefits that were put in place because of the pandemic, effective July 10. That will leave the thousands of Arizonans collecting a maximum $240 a week in benefits. Ducey said Arizona would set aside $300 million in federal money to

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