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.

On Our Team

In The News

Could Pinal County be the electric vehicle capital of America? Jordan Rose, Rose Law Group founder and president, moderates discussion with Lucid, Nikola, Resolution Copper and Arizona Commerce Authority

(Disclosure: Rose Law Group represents Resolution Copper.) By Madelaine Braggs | Rose Law Group Reporter Arizona’s economy is heating up and Pinal County is at the heart of the new development. Lucid Motors, Nikola Motor Company and Resolution Copper are just three companies who have invested in new facilities or expanded operations in the area. Could Pinal County be the

Read More »

Rule change for law firm ownership puts Arizona at ‘forefront of legal innovation,’ says Jordan Rose, founder and president of Rose Law Group

By Andy Blye | Phoenix Business Journal At the start of the year, rule changes took effect that have the potential to drastically reshape the delivery of legal services in Arizona. Changes in the Arizona Code of Judicial Administration include adjustments in how lawyers can advertise their services, the creation of a new class of “legal paraprofessional” nonlawyers who can

Read More »

Customers angry after north Phoenix restaurant adding ‘Prop 208’ surcharge to bills

(Disclosure: Rose Law Group represents Ann Siner of My Sister’s Closet and Judge John Buttrick in their litigation efforts against 208.) (Photo Source: Brad Duell) By Briana Whitney | AZFamily PHOENIX (3TV/CBS 5) – People are now saying they won’t be going to a north Phoenix restaurant anymore after they’ve started charging customers extra on their bill for “Prop 208.”

Read More »