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
Pinal Partnership Breakfast: County supervisors talk Lucid, mining, roads and more during discussion moderated by Rose Law Group Founder and President Jordan Rose
Photo via Lucid Motors By Mark Cowling | Pinal Central Electric cars are facing skepticism similar to the kind that Henry Ford argued against 100 years ago, Pinal Partnership members and guests heard Friday morning. Mike Cruz, who is beginning a new role as head of government relations for Lucid Motors, commented on the Lucid job cuts announced days previously. “Obviously they’re going through
WATCH: Shruti Gurudanti, Rose Law Group partner and director of corporate transactions, featured as panelist at Women’s Entrepreneurship Symposium event
The event in Phoenix, Arizona kicked off with a fireside chat between Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) and Sally Morton, Executive Vice President & Professor, ASU Knowledge Enterprise, and was followed by a panel of experts sharing stories and tips on how to secure options
Former start-up founder charged by prosecutors for defrauding JPMorgan Chase; ‘diligence crucial,’ says Shruti Gurudanti, Rose Law Group partner, director of corporate transactions
By Ron Lieber | New York Times Charlie Javice, the 31-year-old start-up founder who JPMorgan Chase accused in a December lawsuit of lying to the bank as it prepared to acquire her company, is now facing criminal charges as well. On Tuesday, the U.S. attorney’s office for the Southern District of New York charged her with wire, bank and securities fraud. It said that
