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

Goldwater Institute accuses Phoenix of ‘property tax shell game’ in lawsuit over incentive deal; Jordan Rose, founder and president of Rose Law Group, says incentives are crucial tool for economic development

By Angela Gonzales | Phoenix Business Journal The Goldwater Institute sued the city of Phoenix this week, challenging the use of tax dollars to benefit the developer of a 26-story residential tower being built in downtown Phoenix. Hubbard Street Group and Cresset Real Estate Partners — both based in Chicago — are making their Phoenix debut with the development of this $87 million project

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Rose Law Group Corporate Transactions Chair Shruti Gurudanti weighs in on new tax rule changes for payment apps like Venmo, PayPal

By Jeanne Sahadi | CNN Business If you’re among the millions of people who use payment apps like PayPal, Venmo, Square, and other third-party electronic payment networks, you could be affected by a tax reporting change that goes into effect in January. Payment app providers will have to start reporting to the IRS a user’s business transactions if, in aggregate, they total

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Jordan Rose, founder and president of Rose Law Group, comments on theft of gallery owner’s multimillion-dollar NFT collection

By Shanti Escalante-De Mattei | Art News “I have been hacked. All my apes gone. This just sold please help me,” wrote gallery owner Todd Kramer, of New York’s Ross + Kramer Gallery, in a since-deleted tweet posted on December 30. A phishing scam had drained his Ethereum wallet of 15 NFTs valued at a total of $2.2 million, including four apes from the “Bored

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