Remember Login

NCBLC - National Consumer Bankruptcy Litigation Center

• Home Page
• Free Legal Evaluation
• Our Services
• About the Firm
• Consumer Law Overview
• Attorney Training

O. Max Gardner III
Partner, Manager, CEO and Vice President in Charge of Legal Affairs

Mr. Gardner and the other partners at NCBLC follow one simple philosophy -- "The Do Right Rule". If your creditors are treating you right, then you don't need NCBLC. But, if your creditors are not treating you right and are not complying with federal laws designed to protect the American consumer, then you should contact NCBLC and tell us why you think you are not being treated right. It's free (it won't cost you a dime), it's private (no one will know you talked to NCBLC), it's convenient (you can log on 24/7 from your own home), it's a new legal approach (clients from all over the country have access to the best minds in consumer law from their own homes), and it's professional (our team of lawyers are proven successes). And, if you have a case and we sue, then you do not owe us one dime unless we win. We have an army of attorneys ready to fight for you! It's all pretty simple.
The do right rule. It works in all situations. Contact NCBLC to find out how the do right rule might work for you.

O. Max Gardner III, Chief Litigator and Founding Partner of the National Consumer Bankruptcy Litigation Center, is the driving force behind this first of its kind national law firm, offering the public an aggressive legal avenue to confront the credit industry's predatory tactics.

Max Gardner is the leading attorney in the field of bankruptcy litigation, mortgage servicing abuses and creditor violations of law, as evidenced by his many accomplishments, successful lawsuits and national ranking. Mr. Gardner has captured the imagination and interest of bankruptcy attorneys across the nation, teaching them how to successfully litigate lawsuits against the giants of the credit industry as well as inspiring them to better represent their clients.

O. Max Gardner III 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. In addition to serving as a Member of the Law Review and as President of the Student Bar Foundation, he was also elected by the Faculty to the Order of the Coif. Following graduation, he served as law clerk to the Hon. William H. Bobbitt, the late Chief Justice of the North Carolina Supreme Court, and to the Hon. William Copeland, an Associate Justice of that Court.

After working with McNeil Smith and Beverly Moore in Greensboro, North Carolina, he opened his own practice in Shelby in 1977. He represents consumers in all aspects of bankruptcy and related law. He is well-known for his aggressive representation and novel legal theories. During the past 10 years, he has been involved in litigation against mortgage servicers and trustees of mortgage-backed securities. Many of his cases have received national recognition such as Myrtle Marshall v Spindale Savings and Loan, Marjorie White v Duke University, Gerald and Kathy Stark v Crestar Mortgage, and Tate-Ballard v NationsBank.

He recently received national attention in a case of first impression when three of his Chapter 13 debtors successfully filed an involuntary Chapter 7 case against their mutual employer, Shelby Yarn Company. He subsequently represented 650 of those former employees in a class action against the officers, stockholders and investors of Shelby Yarn. The case was resolved in 2004 for more than $2,000,000.00 in damages and back-pay to the former employees of Shelby Yarn.

Education

Preparatory:
Fork Union Military Academy (1960-61), Fork Union, Virginia. Maintained "A" Average.
Shelby High School (1961-64), Shelby, North Carolina. Graduated "B+" Average. Activities: Basketball, Track, Spanish Club (President), Sophomore Class President, Second Vice President Student Body, Student Body Social Chairman, State Student Council Convention.

College:
University of North Carolina at Chapel Hill (1965-70). Major: Political Science, B.A. Degree. Graduated 3.25 Average. Honors: Dean's List. Activities: Pi Kappa Alpha, University Student Party.

Legal:
Graduated with honors from the University of North Carolina School of Law, Chapel Hill, class of 1974. Class Rank: 8th out of 245. Honors and Activities: Order of Coif, North Carolina Law Review, Chief Justice Walter Clark Award, Phi Delta Phi - Outstanding Law Graduate of 1974, President - UNC Student Bar Foundation, Member - Morehead Law Fellowship Selection Committee.

Employment

• Chief Justice William Bobbitt, Supreme Court of North Carolina, Research Assistant, September 1, 1974 to January 1, 1975 (Judge Bobbitt retired).
• Associate Justice William Copeland, Supreme Court of North Carolina, Research Assistant, January 1 1975 to July 31,1975.
• Smith Moore Smith Schell & Hunter, Attorneys and Counselor at Law, 500 NCNB Building, 101 West Friendly Avenue, Post Office Box 21927, Greensboro, North Carolina 27420, August 1, 1975 to August 1, 1977.
• Sims, Walker & Steinfeld, P.C., 1275 K Street, NW, Suite No.875, Washington, D.C. 20005, Counsel, January 1, 1989 to April l 1992.
• The Democratic Party of North Carolina, Post Office Box 12196, Raleigh, North Carolina 27605, General Counsel, October 1, 1989 to January 1, 1993.
• Law Offices of 0. Max Gardner III, Professional Corporation, PO Box 1000, 403 South Washington Street, Shelby, North Carolina 28150, August 7, 1977 to the present.

Notable Cases

Myrtle Marshall v Spindale Savings & Loan. This was the first case under the Bankruptcy Act of 1978 where a debtor was able to avoid and cancel a completed pre-filing foreclosure sale of her home by arguing that the Savings & Loan did not pay "reasonable value" for the home at the sale. Before this case, almost everyone thought that once a foreclosure was completed under state law a debtor could never use a bankruptcy case to avoid the completed sale. Congress later amended the law to preclude this specific remedy.

Gerald Stark v Crestar Mortgage. In this case of first impression, the Court held that the imposition of a monthly property inspection fee by a mortgage servicer on a Chapter 13 homeowner was a violation of the automatic stay and was nothing more than a "bankruptcy monitoring fee."
The Court also held that such a practice was unlawful under the mortgage note and deed of trust. Stark has been widely followed and cited, and sent shock-waves through the mortgage servicing industry.

Shelby Yarn Company. This was the first reported case where a group of former employees (5 to be exact) filed an "involuntary" bankruptcy petition against their former employer. OMG represented all of the former employees who filed the involuntary petition. One of the clients was the former Vice President, Paul Petroff. After the filing, OMG represented the Committee of all 656 former employees and was special counsel for the Trustee in a bankruptcy action against the former officers, directors and owners of Shelby Yarn. The case was settled for approximately $2.2 million.

Marjorie White v Duke Medical Center. The debtor in this case had to file for Chapter 13 because Duke had secured a judgment against her for less than $2,000 for unpaid medical bills and was threatening to foreclose her home to collect the judgment. After the filing, the debtor filed an action against Duke and Dr. Bernard Bressler for medical negligence arising out of sexual acts between Bressler and the debtor that were all instigated by Bressler, who was her psychiatrist. The case was settled for more than $1,000,000 and was widely reported nationally at the time. Myra McPherson, a Pulitzer Award Winning Reporter, wrote a lengthy series of articles in the Washington Post on the case entitled "O. Max Gardner III vs The City of Medicine (the moniker for Durham, NC, home of Duke)."

» Back