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Oliver Max Gardner III
also known as Max Gardner
About Oliver
Biography
Founder, Bankruptcy Bootcamp
O. Max Gardner III, the scion of a legendary North Carolina political dynasty, is the best known consumer bankruptcy lawyer in America. Business Week calls Max the “go to person for all bankruptcy issues” and Gretchen Morgenson, the Pulitzer Prize winning reporter for The New York Times, refers to Max as “Angelo Mozillo’s worst nightmare.” Mozillo is the former founder and CEO of Countrywide Home Loans. Max is fond of saying that if you put the names of all of the current and past mortgage originators and servicers on a board and then threw darts blindfolded you would be “100 percent sure of hitting somebody I have sued!”
Gardner received his undergraduate degree from the University of North Carolina at Chapel Hill in 1969 and graduated with high honors from the UNC School of Law in 1974, where he was a member of the North Carolina Law Review, President of the Student Bar Foundation, named the Outstanding Law School Graduate of 1974, and elected to the Order of the Coif. Following graduation he served as the Senior Law Clerk to the Hon. William H. Bobbitt, the late Chief Justice of the North Carolina Supreme Court, and as Senior Law Clerk to the Hon. William Copeland, an Associate Justice of that Court. During his work with Justice Copeland, he also worked closely with Chief Justice Susie Sharp, the first female Chief Justice of any state Supreme Court.
Following his clerkships, Gardner worked for three years with the Smith Moore law firm in Greensboro, North Carolina. His primary working partner at Smith Moore was the legendary J. McNeill Smith, Jr. Gardner later served as Treasurer in Smith’s 1978 campaign for the United States Senate. Gardner served as General Counsel of North Carolina’s Democratic Party from 1986 to 1992. He was a standing member of the Democratic Leadership Conference during this period of time. During these years, he also managed his law practice in Shelby, which he opened in 1977. He also acted as “Of Counsel” to the Washington, D.C. law firm of Sims Walker & Steinfeld from 1992 to 1996.
During his Washington years, Gardner worked on thousands of cases involving the Federal Trade Commission, the Interstate Commerce Commission and the Bankruptcy Code. Gardner was Special Counsel to Chapter 7 Trustees in national ICC litigation and in one emergency case personally filed more than 1,000 adversary proceedings in one week so as to protect the Trustee from statute of limitation issues.
During his years of practice, Gardner has tried 102 jury cases to a final verdict. He was successful in all but 2 of those cases and really does not count one of the two losses as a loss since he was granted a new trial due to witness misconduct and won the case the second time around.
Gardner currently limits his practice to consumer bankruptcy cases and all consumer claims arising with respect to those cases. He has been widely recognized as one of the leading consumer attorneys in America on “predatory mortgage servicing” in Chapter 13 bankruptcy cases. Gardner has been a featured speaker for years for Bankruptcy bar groups and associations throughout the United States and has personally been a presenter at more than 200 such seminars.
Gardner was named the Outstanding Consumer Lawyer of 2004 by the National Association of Consumer Bankruptcy Attorneys (NACBA) and has been elected five times as a member of the “Legal Elite” of North Carolina lawyers by his fellow attorneys in a state-wide poll conducted by Business North Carolina magazine. He is the only consumer lawyer who has been named as a North Carolina “Super Lawyer” for four consecutive years by Law & Politics and the Charlotte Magazine. His most recent Super Lawyer Designation was awarded on January 1, 2009. He is a long-time member of NACBA, the National Association of Consumer Advocates (NACA), the North Carolina Bar Association and the North Carolina State Bar.
Practice Areas
1
Practice Area
Fees and Rates
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Chat withLicenses
Licensed in North Carolina for 51 years
State: North Carolina
Acquired: 1974
No misconduct found
Location
MaxGardnerLaw, PLLC
213 A Patton Avenue, PO Box 1000, Shelby, NC, 28150
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Oliver Max Gardner III's Reviews
Showing 1 - 3 of 3 client reviews from Avvo
Posted by anonymous | August 21, 2009
Max got a credit card company to pay ME money!
Max filed a chapter 13 case for me about 5 years ago. I filed because of some medical bills that I could not pay after I got laid off and I thought I was going to loose my house. He filed a lawsuit against one of my credit card comanys that woudl not stop calling me and sending me bills. He won an...
Posted by Mike | August 17, 2009
Excellent Representation in Chapter 7
Max Gardner represented me in a Chapter 7 bankruptcy case filed in 2003. Mr. Gardner handled my filing with the utmost professionalism, respect and sensitivity. He also filed an Adversary Proceeding which resulted in a cash settlement for me. I would recommend Mr. Gardner to anyone who finds himse...
Posted by anonymous | August 13, 2009
Bankruptcy Expert
Max has an answer for absolutely every question that you might have in regards to bankruptcy. The respect that he gets from the Court Judges and personel is astounding. It has been said that people woulf rather go up against the devil than with Max Gardner. Amazing work ethic and knows exactly wha...
Oliver Max Gardner III's Lawyer Endorsements
"I attended Max's Bankruptcy Bootcamp and I wholeheartedly recommend it to other attorneys."
"Max is a national institution in the bankruptcy business. His knowledge, skill and passion are unequaled. He has spearheaded the war against corruption in the mortgage lending industry and personally trained an army of attorneys to fight this battle. I highly endorse Max."
"I endorse this lawyer. He sets the standard for those in the same practice area."
"I highly endorse this lawyer for his personal accomplishments and his training of many other lawyers to use his highly successful system. Max is undoubtedly the finest pro-consumer lawyer in the country. Max has trained a large number of lawyers to fight the banksters' unscrupulous practices throughout the country, which prevented infliction of homelessness of countless victims of would-be foreclosure and bankruptcy fraud."
"I endorse this lawyer. Without a doubt, Attorney Gardner is the consummate trial lawyer who has spread his expertise and knowledge in bankruptcy and securitization of debt to the far corners of the U.S. via bootcamps for the serious consumer advocate lawyers. Missing the listserve of camp graduates with their discussions and postings of law is like missing your morning coffee -- you just don't do it!"
"I endorse this lawyer."
"There are a handful of lawyers in the country who teach other lawyers. Max is one of them and he serves the entire country as a lawyer's lawyer in the area of consumer bankruptcy. He has mentored, taught, and co-counseled with many lawyers throughout the United States. For those of us who practice in the areas of consumer bankruptcy and consumer law, we are very fortunate to have such a knowledgeable resource and good friend in Max Gardner."
"Max is, hands down, the best consumer bankruptcy attorney in the country. I am honored that he has been my mentor and friend for many years now. His impact is national, and I don't know of another bankruptcy attorney who has done more to help fellow attorneys than Max over the years. Anyone who has the opportunity to do so should attend one of his educational seminars, since Max knows what he is teaching about."
"I highly recommend attorney Gardner - he knows the law incredibly well and has years of experience. If you have a financial problem and need help understanding how to deal with, you can't do any better than him. He is so good at what he does that he trains other consumer lawyers on how to do it. That says a lot. Not only can you get some peace of mind by listening to his very good and valuable advice, but you can get some peace of mind just by sitting on his office's front porch on a sunny day too - and either one of them could be very good for you. If you need Max, hire Max. He's the best. Period."
"I endorse this lawyer. I read his insightful comments with respect to consumer bankruptcy and learn things that can help my clients."
"I endorse this lawyer."
"I endorse this lawyer. Max is what I refer to as the Dean of Bankruptcy Attorneys. I mean for the entire country. He is the source for advice for all other bankruptcy attorneys. I stand in awe of Max. His knowledge is unparalleled, he is highly ethical and very innovative. I almost want to file bankruptcy in North Carolina myself just so I can hire Max."
"I endorse this lawyer."
"I don't think I exaggerate when I say Mr. Gardner is one of the finest bankruptcy attorneys in the country. I have much respect for all he's accomplished."
"Max Gardner is leading the charge against the securitized mortgage fraudsters! His bankruptcy litigation model training of attorneys all over the country, self included, is making a difference by saving the American Dream of home ownership, one home at a time! Thanks Max for being an incredible mentor!"
"I endorse this lawyer. I learned more bankruptcy law from Max Gardner in 3 days at his Bootcamp than I could ever do on my own."
"I endorse this lawyer."
"Max is the lawyer other lawyers look to when it comes to standing up for consumers. When the going gets tough it's time to see Max."
""Super Lawyer"; nationally known, nationally acclaimed, nationally honored by fellow Bk Attorneys; feared by Creditors and Debt Buyers that work the grey area of the law. If my mother needed Bankruptcy/Debt counselling, Max would get the call.... I have flown clear across the country to learn from Max Gardner's Bankruptcy Bootcamp... If you need the best, Call Max...."
"Max is a lawyer, teacher and mentor who has fundamentally changed the way I practice law. Max's approach in training thousands of lawyers nationally is truly unprecedented. I have used and continue to use Max's well reasoned and sage advice regularly. His reputation is unique and any client whom Max agrees to represent is going to forever pleased."
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Experience
Honors
2013
Lifetime Consumer Service Award, National Association of Consumer Bankruptcy Attorneys
2011
20 Year AV Rating Award, Martindale-Hubbell
2011
AV Preeminent Award, Lexis Nexis
2010
Super Lawyer for NC, Law & Politics Magazine
2009
North Carolina Super Lawyer, Law & Politics Magazine
2008
North Carolina Super Lawyer, Law & Politics Magazine
2007
North Carolina Legal Elite, Business North Carolina Magazine
2007
North Carolina Super Lawyer, Law & Politics Magazine
2006
North Carolina Legal Elite, Business North Carolina Magazine
2005
North Carolina Legal Elite, Business North Carolina Magazine
2004
Outstanding Consumer Bankruptcy Lawyer in America, National Association of Consumer Bankruptcy Attorneys, Inc.
2004
North Carolina Legal Elite, Business North Carolina Magazine
2002
Outstanding General Counsel, Democratic Party of North Carolina
1974
Outstanding Law Graduate of 1974, UNC School of Law
1974
Chief Justice Walter B. Clark Award, UNC School of Law
N/A
AV Rating, Martindale-Hubbell
Work Experience
1974 - 1975
Law Clerk ot Chief Justice, Supreme Court of North Carolina
Associations
1993 - Present
National Association of Consumer AdvocatesMember
National Consumer Law Center, Consumer Bankruptcies Section
Member
American Bar Association, Solo Practitioners and Small Firms Section
Member
North Carolina Bar Association, General Practice Section
Member
North Carolina Bar Association, Law Office Management Section
Member
North Carolina Bar Association, Criminal Justice Section
Member
North Carolina Bar Association, Family Law Section
Member
North Carolina Bar Association, Litigation Section
Member
North Carolina Bar Association, Bankruptcy Section
Member
North Carolina State Bar
Member
American Bankruptcy Institute, Consumer Rights Section
Member
North Carolina Academy of Trial Lawyers, Bankruptcy Section
Chair
National Organization of Social Security Claimants’ Representatives
Member
National Organization of Social Security Claims Representatives
Member
Southeastern Bankruptcy Law Institute
Member
Order of the Coif
Member
North Carolina Bar Association, Legal Economics Committee
Member
North Carolina Bar Association, Lawyer Referral Service Committee
Member
North Carolina Bar Association, Practical Training Committee
Member
North Carolina Bar Association, CLE Committee
Member
Mecklenburg County Bar Association
Member
Cleveland County Bar Association
Member
National Consumer Law Center
Member
Civil Justice Foundation
Member
National Association of Consumer Bankruptcy Attorneys
Member
Southern Trial Lawyers Association
Member
National Association of Criminal Defense Lawyers
Member
American Trial Lawyers Association
Member
American Bar Association, Fourth Circuit Committee on Banking and Bankruptcy
Member
North Carolina Academy of Trial Lawyers
Member
North Carolina Bar Association, AIDS Task Force
Member
2008 - 2010
American Bankruptcy InstituteMember--Consumer Bankruptcy Committee
Sample of Legal Cases
Marjorie White v Duke University Medical Center
Settled case for over One Million Dollars
Education
1974
University of North Carolina School of Law
JD - Juris Doctor
N/A
University of North Carolina, Chapel Hill
AB
Speaking Engagements
2011
National Association of Consumer Bankruptcy Attorneys
Litigation of a Mortgage Securitization Case
2011
Midwestern Annual Bankurptcy Conference
Mortgage Abuse and Robo Signing
2011
Max Gardner's SOS Boot Camp Vegas
Mortgage Securitization
2011
Max Gardner's Bankruptcy Boot Camps
Bankruptcy Litigation
2009
National Association of Consumer Advocates Annual Meeting
Mortgage Notes and Securitization
2009
Members Only Fall Workshop
Mortgage Servicing and Securitization
2009
6th Annual New Deal for Consumer Bankruptcy Seminar
Chapter 7 and 13 Consumer Law Issues
Publications
2009
New York Times
Get Ready, Get Set, Point Fingers
Languages
English
Activity
Legal Answers
Legal Guides
Legal Guides
Legal Guide
THIRTY-THREE + 1 DON’TS IN PREPARING TO FILE A CHAPTER 7
21 Oct 2013
Legal Guide
The Uniform Residential Mortgage Note is Note a Negotiable Instrument Under the UCC
15 Dec 2011
Legal Guide
Objections to the Pending Settlement Between the Attorney Generals and the Mortgage Servicers
15 Dec 2011