UCC Secured Creditor Representation, Sales and Recoveries

The Rose Law Group provides a complete suite of services to secured creditors who are enforcing rights in collateral security pursuant to Article 9 of the UCC and claims against guarantors of the secured obligations. The range of collateral security types include contract rights, accounts receivable,  inventories, intellectual property, contract rights, livestock, crops, manufactured goods, work in process, rolling stock, capital stock and limited liability membership rights.

The firm is experienced in dealing with a wide range of tangible and intangible collateral security. Lawyers of the firm have been involved in sizable UCC sales such as the sale of 100% of the capital stock of a 71 store grocery chain and numerous UCC sales of memberships and partnerships in real property entities.

When the enforcement of secured creditor rights are triggered, it is not uncommon for a debtor to file a chapter 11 reorganization in response. The firm is well versed in all aspects of secured creditor representation in chapter 11 reorganizations and other types of bankruptcy proceedings.

When a bankruptcy filing is undertaken by the debtor, the firm can provide a complete suite of bankruptcy related services to its secured creditor clients including motions to lift the automatic stay, the filing of proofs of claims, adequate protection and insurance motions, objections to the use of cash collateral and motions to prohibit the use of cash collateral and  plan confirmation disputes..

Attorneys in the firm have experience in negotiating the consensual liquidation of  collateral security to accelerate secured creditor recoveries.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in UCC secured creditor enforcement and litigation claims. 

Besides litigation involving tenant breaches of leases and non-payment issues, critical disputes regarding CAM charges and prorations of CAM charges based on square footage are within the scope of the firm’s representation of landlord interests as well as issues related to alterations of the premises, failures to maintain and repair and failures to restore the premises at lease end.

Lease assignments which impact adversely upon use restrictions and  issues relating to co-tenancy clauses are also within the scope of the firm’s services to the commercial landlord community.

Tenant bankruptcy reorganizations require that commercial landlords be proactive to protect their rights. This includes motions to compel payment of post-petition administrative rent, motions to compel the debtors to accept or reject the executory lease contracts and negotiating protective terms when debtor tenants are  seeking to sell their leaseholds pursuant to Section 363 of the Bankruptcy Code. Proofs of claims for damages  based upon the rejection of long term leases pursuant to the formula set forth in Section 502(b)(6) of the Bankruptcy Code.

Suits and post-judgment collection efforts against lease guarantors are also within the range of services the firm offers to commercial landlords.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in real property lease enforcement 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

Resolution Copper welcomes next phase in public review and comment

(Disclosure: Rose Law Group represents Resolution Copper.) By Rose Law Group Reporter Superior, Ariz. (January 15, 2021) – Resolution Copper welcomes the next phase of public review and comment with the release by the US Forest Service (USFS) of its Final Environmental Impact Statement (EIS) for the Resolution Copper Project. “The Final EIS is an important step in the ongoing permitting process, reflecting

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Arizona judge issues first ruling in Prop 208 case

(Disclosure: Rose Law Group represents Ann Siner of My Sister’s Closet and Judge John Buttrick in their litigation efforts against 208.) By Rose Law Group Attorney David McDowell, Madelaine Braggs | Rose Law Group Reporter Exclusive The first ruling was issued Thursday in the legal challenge filed after the enactment of Proposition 208, which Rose Law Group attorneys argue is unconstitutional. The motion for temporary

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New SBA grant program to provide relief to live venues, museums, movie theaters, promotors and talent reps

By Dan Gauthier | Rose Law Group Reporter This group of businesses and individuals severely affected by the COVID-19 pandemic receive special attention in the new COVID-19 relief act: live venue operators and promotors, theatrical producers, live performing arts organization operators, museum operators, motion picture theater operators, and talent representatives (referred to as “shuttered venue operators” in the act). The second COVID-19

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