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

Taiwan Semiconductor Buys North Phoenix Land For $89M; Comments From Jordan Rose, Rose Law Group Founder And President

By Corina Vanek | Phoenix Business Journal Taiwan Semiconductor Manufacturing Co. Ltd. bought 1,128 acres of land in north Phoenix at a state land auction Wednesday afternoon on which it intends to build a $12 billion factory, which is projected to create more than 1,600 jobs. The purchase was made under the entity, TSMC AZ Corp., which was the only

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Major Semiconductor Maker Zeroing In On Phoenix Site; Jordan Rose, Rose Law Group Founder And President, Comments

By Corina Vanek | Phoenix Business Journal An expansive swath of desert in north Phoenix is likely the landing spot for Taiwan Semiconductor Manufacturing Co. Ltd.’s $12 billion plant, multiple sources with knowledge of the deal confirmed. Taiwan Semiconductor Manufacturing Co. Ltd. The world’s largest contract silicon chip manufacturer announced in May that it was planning to build a $12

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Popular Restaurants Turn To HealthyVerify For Reopenings, COVID Curbing Efforts

(Disclosure: Rose Law Group represents HealthyVerify.) By Mike Sunnucks | Rose Law Group Reporter Kind Hospitality Inc, a local restaurant company that is a licensee of OHSO Brewery + Distillery, and owner of Macayo’s Mexican Food chain as well as other popular restaurants has turned to HealthyVerify Certification to help with their reopening and navigation of a safe food environment

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