Equipment Lease Defaults, Terminations and Recoveries

The Rose Law Group provides a comprehensive set of services to commercial lessors of equipment and other personal property pursuant to Uniform Commercial Code Article 2A as enacted in Arizona. The firms services encompass lessors of heavy equipment and machinery, lessors of medical and hospital equipment and lessors of rolling stock.

The firm handles lease enforcement arising from defaults of both true leases and leases intended as security. Many times such claims involve master leases with separate addendums for each additional lot of acquired equipment, Where desired by the lessor, the firm will assist its lessor clients with negotiated workouts. Similarly, when the lessor feels that the prospects for successful negotiation without litigation are slim, the firm will commence appropriate litigation against the lessee and any guarantors.

When a bankruptcy filing is undertaken by the lessee, the firm can provide a complete suite of bankruptcy related services including motions to lift the automatic stay, the filing of pre-filing proofs of claims and applications for post-petition administrative expense allowance, adequate protection and insurance motions, motions to compel the debtor to accept or reject executory lease contracts, the prosecution of complaints objecting to dischargeability or discharge, plan confirmation disputes, and the defense of adversary complaints seeking to recharacterize true leases as secured debt transactions.

Attorneys in the firm have experience in negotiating with lessees to secure consensual liquidation of  leased equipment at auctions conducted by Ritchie Bros. Auctioneers and other well known sale resources.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in the area of equipment leasing 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

The Shops at Terravella commercial hub brings ‘incredible business’ to Queen Creek, says Chris Webb, partner and director of Land Development Solutions at Rose Law Group

(Disclosure: Rose Law Group represents Newquist Commercial Properties and The Aspen Group.) By Madelaine Braggs | Rose Law Group Reporter Rose Law Group played a key role in the successful development of The Shops at Terravella, a vibrant commercial and retail center in Queen Creek. Spearheading the zoning and regulatory aspects of the project was Chris Webb, Partner and Director

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Rose Law Group Director of Land Development Solutions Group and Queen Creek resident Chris Webb on Fulton Homes’ ‘Barney Farms’ project

(Disclosure: Rose Law Group represents Fulton Homes.) By Madelaine Braggs | Rose Law Group Reporter Queen Creek, Arizona – Rose Law Group is proud of its pivotal role in the development and success of Fulton Homes’ Barney Farms, an innovative master-planned community situated in Queen Creek. This groundbreaking development is set to redefine luxury living in the East Valley, bringing upscale amenities

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Arizona just added its largest grid battery yet; Court Rich, Rose Law Group co-founder and energy attorney, highlights why this form of energy storage is ‘the next big thing’

(Disclosure: Rose Law Group represents Google.) By Julian Spector | Canary Media Arizona just added its biggest grid battery so far, part of a nationwide trend toward unprecedented energy storage installations this year. Grid batteries have soared from obscurity to become the second-most popular type of power plant expected to be built in the U.S. this year — more than gas, more than wind —

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