- Home
- Find a Lawyer
- North Carolina
- Shelby
- Bankruptcy & Debt
- Oliver Gardner
About Oliver
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
Languages spoken
English
Photos and videos
Resume
| State | Status | Acquired | Updated |
|---|---|---|---|
| NC | Active | 1974 | 09/08/2019 |
| Award name | Grantor | Date granted |
|---|---|---|
| Lifetime Consumer Service Award | National Association of Consumer Bankruptcy Attorneys | 2013 |
| 20 Year AV Rating Award | Martindale-Hubbell | 2011 |
| AV Preeminent Award | Lexis Nexis | 2011 |
| Super Lawyer for NC | Law & Politics Magazine | 2010 |
| North Carolina Super Lawyer | Law & Politics Magazine | 2009 |
| North Carolina Super Lawyer | Law & Politics Magazine | 2008 |
|---|---|---|
| North Carolina Legal Elite | Business North Carolina Magazine | 2007 |
| North Carolina Super Lawyer | Law & Politics Magazine | 2007 |
| North Carolina Legal Elite | Business North Carolina Magazine | 2006 |
| North Carolina Legal Elite | Business North Carolina Magazine | 2005 |
| Outstanding Consumer Bankruptcy Lawyer in America | National Association of Consumer Bankruptcy Attorneys, Inc. | 2004 |
| North Carolina Legal Elite | Business North Carolina Magazine | 2004 |
| Outstanding General Counsel | Democratic Party of North Carolina | 2002 |
| Outstanding Law Graduate of 1974 | UNC School of Law | 1974 |
| Chief Justice Walter B. Clark Award | UNC School of Law | 1974 |
| AV Rating | Martindale-Hubbell | N/A |
| Title | Company name | Duration |
|---|---|---|
| Law Clerk ot Chief Justice | Supreme Court of North Carolina | 1974 - 1975 |
| Association name | Position name | Duration |
|---|---|---|
| National Association of Consumer Advocates | Member | 1993 - Present |
| National Consumer Law Center, Consumer Bankruptcies Section | Member | N/A |
| American Bar Association, Solo Practitioners and Small Firms Section | Member | N/A |
| North Carolina Bar Association, General Practice Section | Member | N/A |
| North Carolina Bar Association, Law Office Management Section | Member | N/A |
| North Carolina Bar Association, Criminal Justice Section | Member | N/A |
|---|---|---|
| North Carolina Bar Association, Family Law Section | Member | N/A |
| North Carolina Bar Association, Litigation Section | Member | N/A |
| North Carolina Bar Association, Bankruptcy Section | Member | N/A |
| North Carolina State Bar | Member | N/A |
| American Bankruptcy Institute, Consumer Rights Section | Member | N/A |
| North Carolina Academy of Trial Lawyers, Bankruptcy Section | Chair | N/A |
| National Organization of Social Security Claimants’ Representatives | Member | N/A |
| National Organization of Social Security Claims Representatives | Member | N/A |
| Southeastern Bankruptcy Law Institute | Member | N/A |
| Order of the Coif | Member | N/A |
| North Carolina Bar Association, Legal Economics Committee | Member | N/A |
| North Carolina Bar Association, Lawyer Referral Service Committee | Member | N/A |
| North Carolina Bar Association, Practical Training Committee | Member | N/A |
| North Carolina Bar Association, CLE Committee | Member | N/A |
| Mecklenburg County Bar Association | Member | N/A |
| Cleveland County Bar Association | Member | N/A |
| National Consumer Law Center | Member | N/A |
| Civil Justice Foundation | Member | N/A |
| National Association of Consumer Bankruptcy Attorneys | Member | N/A |
| Southern Trial Lawyers Association | Member | N/A |
| National Association of Criminal Defense Lawyers | Member | N/A |
| American Trial Lawyers Association | Member | N/A |
| American Bar Association, Fourth Circuit Committee on Banking and Bankruptcy | Member | N/A |
| North Carolina Academy of Trial Lawyers | Member | N/A |
| North Carolina Bar Association, AIDS Task Force | Member | N/A |
| American Bankruptcy Institute | Member--Consumer Bankruptcy Committee | 2008 - 2010 |
| Publication name | Title | Date |
|---|---|---|
| New York Times | Get Ready, Get Set, Point Fingers | 2009 |
| School name | Degree | Graduated |
|---|---|---|
| University of North Carolina School of Law | JD - Juris Doctor | 1974 |
| University of North Carolina, Chapel Hill | AB | N/A |
| Conference name | Title | Date |
|---|---|---|
| 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 | 2011 |
| 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 | 2009 |
| Case name | Outcome |
|---|---|
| Marjorie White v Duke University Medical Center | Settled case for over One Million Dollars |
Max got a credit card company to pay ME money!
Posted by anonymous
Fri Aug 21 2009
Excellent Representation in Chapter 7
Posted by Mike
Mon Aug 17 2009
Attorney endorsements
(27)Richard Nemeth, Chapter 7 bankruptcy Attorney on Oct 24, 2013
Relationship: Fellow lawyer in community
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.
Joseph Roberts, Chapter 13 bankruptcy Attorney on Oct 16, 2013
Relationship: Fellow lawyer in community
I endorse this lawyer. He sets the standard for those in the same practice area.
Richard Kohn, Foreclosure Attorney on Oct 4, 2013
Relationship: Worked together on matter
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.
Deborah Mack, Bankruptcy and debt Attorney on Aug 26, 2013
Relationship: Worked together on matter
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!
Bryce Fetter, Criminal defense Attorney on Feb 20, 2013
Relationship: Fellow lawyer in community
I endorse this lawyer.
Ronald Sykstus, Bankruptcy and debt Attorney on Feb 6, 2013
Relationship: Worked together on matter
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.
John Cantrell, Litigation Attorney on Feb 1, 2013
Relationship: Worked together on matter
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.
Ronald Burdge, Lemon law Attorney on Jan 18, 2013
Relationship: Fellow lawyer in community
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.
Janne Osborne, Chapter 13 bankruptcy Attorney on Nov 4, 2012
Relationship: Fellow lawyer in community
I endorse this lawyer. I read his insightful comments with respect to consumer bankruptcy and learn things that can help my clients.
Susan Duke, Family Attorney on Oct 29, 2012
Relationship: Fellow lawyer in community
I endorse this lawyer.
Guy Conti, Bankruptcy and debt Attorney on Oct 23, 2012
Relationship: Other
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.
John Rogers, Chapter 7 bankruptcy Attorney on Sep 26, 2012
Relationship: Fellow lawyer in community
I endorse this lawyer.
Robert Stumpf, General practice Attorney on Jul 26, 2012
Relationship: Other
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.
Christine Kingston, Chapter 7 bankruptcy Attorney on Jul 18, 2012
Relationship: Fellow lawyer in community
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!
Andrew Miofsky, Bankruptcy and debt Attorney on Mar 27, 2012
Relationship: Worked together on matter
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.
Debra Simms, Estate planning Attorney on Mar 24, 2012
Relationship: Fellow lawyer in community
I endorse this lawyer.
Brian Canupp, Litigation Attorney on Feb 19, 2012
Relationship: Other
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.
Stanley Lockhart, Bankruptcy and debt Attorney on Apr 12, 2010
Relationship: Fellow lawyer in community
"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....
Lee Perlman, Chapter 7 bankruptcy Attorney on Oct 13, 2009
Relationship: Fellow lawyer in community
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.
Michael Schwartz, Chapter 7 bankruptcy Attorney on Sep 2, 2009
Relationship: Fellow lawyer in community
I endorse this lawyer's work. Max Gardner is the go to person for any advanced consumer bankruptcy and mortgage issues. He is the Guru. The General leading an army of consumer bankruptcy attorneys to battle the evil banking empire. There is no better. You'd be real fortunate if he takes on your case.
Cost
Avvo Rating
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
Discipline
Avvo Rating levels
- 10.0 - 9.0 Superb
- 8.9 - 8.0 Excellent
- 7.9 - 7.0 Very Good
- 6.9 - 6.0 Good
- 5.9 - 5.0 Average
- 4.9 - 4.0 Concern
- 3.9 - 3.0 Caution
- 2.9 - 2.0 Strong Caution
- 1.9 - 1.0 Extreme Caution