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

Rose Law Group attorney Eric Hill on Volkswagen’s April Fools stunt

By Marty Swant | Forbes Volkswagen’s admission that statements it made about rebranding to “Voltswagen” were just an April Fools’ joke have some marketers wondering if the stunt did more harm than good. Earlier this week, Volkswagen had the auto and media industries buzzing when it put out an official press release claiming that it was changing the name of

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Tax policy too complex for ballot, Arizona Supreme Court told

(Disclosure: Rose Law Group represents Ann Siner of My Sister’s Closet and Judge John Buttrick in their litigation efforts against 208.) By Law360 Law360 (March 24, 2021, 5:09 PM EDT) — Arizona’s citizen initiative process is not the proper venue for enacting tax policy as it is not conducive to nuanced decision making, state business owners told the Arizona Supreme

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Arizona Supreme Court hears arguments on high-Income tax measure

(Disclosure: Rose Law Group represents Ann Siner of My Sister’s Closet and Judge John Buttrick in their litigation efforts against 208.) By Law360 An Arizona trial court properly denied requests to block a 3.5% income tax surcharge on the state’s highest earners that vote passed in November, the measure’s sponsor told the state’s highest court, saying the measure was constitutional.

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