- Perfection and enforcement of their rights under security documents and the Uniform Commercial Code, including asset-based financing and leasing.
- Out-of-court workouts, including forbearance agreements and amendments to address defaults under lease or loan documents.
- Collection of funds owed under leases, loans, and judgments, and foreclosure of security interests, including deeds of trust, under state law.
- Advising commercial landlords regarding their contractual and statutory rights, including enforcing such rights through eviction actions and other self-help remedies, including lockouts and landlord's lien sales.
- State court enforcement matters, including pre-judgment, litigation, and post-judgment proceedings.
- Bankruptcy matters under Chapters 7, 11 (including subchapter V), and 13, ranging from stay relief litigation and contested plan confirmation issues to non-discharge claims and related adversary actions in bankruptcy.
Mr. Ugalde is also experienced in negotiating and documenting transactional documents for distressed credit and tenant situations including pre-negotiation agreements, forbearance agreements and modifications to various loan and lease documentation, with a heightened sensitivity to protecting a creditor's rights and remedies in light of the COVID-19 pandemic (i.e., identifying specific needs of a debtor/tenant that the creditor/landlord remedies to the satisfaction of the debtor/tenant to avoid arguments that the creditor/landlord failed to work with the debtor/tenant in the event of a future default under any modified agreement).
Mr. Ugalde's representative engagements include:
- Represented national lender regarding loan enforcement after default seeking foreclosure and appointment of receiver over collateral including multi-family residence locations in multiple jurisdictions.
- Represented lender with enforcement of lien and security interests in real property and FF&E with multiple franchise operations of national restaurant/hotel chain.
- Represented equipment leasing & finance company with enforcement and recovery of car washing equipment at multiple locations of national gas station operation.
- Represented equipment leasing company's interest in bankruptcy regarding assumption/rejection issues and lease recharacterization.
- Represented lender that foreclosed on commercial property with forcible detainer action to remove a national retail boat dealership, involving bankruptcy court litigation and requiring numerous sheriff's deputies to assist with takeover of commercial property.
- Represented landlord with trial to evict operating fitness gym from multiple locations.
- Representation of licensee holder of F.C.C. licenses in contested bankruptcy proceedings to protect licensee holder's interests and the purchase of assets through Section 363 of the Bankruptcy Code.
- Successfully litigated stay relief and plan confirmation issues in Chapter 11 bankruptcy cases involving operating businesses and commercial real estate projects.
- Successful trial verdict in favor of landlord over dispute involving tenant's purported renewal option of commercial lease.
- Representation of landlord group in litigation against tenant for lease default and fraud claims regarding misappropriation of tenant improvement funds.
- Representation of commercial landlord interests in bankruptcy of national retail restaurant operator involving lease assumption and rejection issues under Bankruptcy Code.
- Significant experience with commercial eviction cases and litigation to enforce commercial guaranty agreements in connection with enforcement of landlord rights.
- U.S. Court of Appeals 9th Circuit
- U.S. District Court District of Arizona, 2003
- Arizona State University, Sandra Day O'Connor College of Law, Tempe, Arizona
- J.D. - 2003
- Honors: cum laude
- Honors: Pedrick Scholar
- Honors: Dean's List
- Arizona State University
- B.S. - 1999
- Honors: magna cum laude
- Honors: Beta Gamma Sigma Honor Society Collegiate Schools of Business
- Major: International/Global Business
- Northwestern University, Kellogg School of Management
- Honors: Quarles & Brady Leadership Program (2018)
Honors and Awards
- Selected for inclusion in Southwest Super Lawyers® – Rising Stars (2012–2014: Bankruptcy & Creditor/Debtor Rights); (2015-2016: Creditor Debtor Rights)
Professional Associations and Memberships
- State Bar of Arizona (Member)
- City of Chandler, Arizona (Chairman of Board of Adjustment)
- Habitat for Humanity – Central Arizona (Member of Public Relations & Marketing Committee)
- Volunteer Lawyers Program of Maricopa County (Volunteer)
- Turnaround Management Association (Member)