O Max Gardner III PC

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SIGNIFICANT CASES As an attorney with almost 30 years of experience, O. Max Gardner III has been involved in many other cases that have not been included in this list, some of which did not result in favorable decisions. It should also be noted in reviewing this list of significant cases that past successes are not an indicator of future successes in any particular case. Each new case presents different facts and as a result each case must stand or fall on its own merits. No attorney can or should guarantee any results to any client or to any potential client. Consequently, the only thing that O. Max Gardner III guarantees is that he will do everything within the law to protect your rights and to pursue any lawful claims on your behalf. In re Shelby Yarn Company (United States Bankruptcy Court for the Western District of North Carolina). This was the first reported case in the United States where the former employees of a company successfully filed an involuntary Chapter 7 bankruptcy petition against their former employer (in this case a textile company) and then through the bankruptcy process recovered damages and other compensation. After assuming jurisdiction of the case, the Bankruptcy Court appointed a Special Committee to represent the 637 former employees and designated O. Max Gardner III as Counsel for the Committee. The Court also designated Gardner as Special Counsel to the Chapter 7 Trustee. The Committee, which was granted standing to sue in its own name, was originally a party plaintiff in an adversary proceeding filed against the former officers, stockholders and investors of Shelby Yarn. The adversary proceeding included claims under the WARN Act, the ERISA Act, the COBRA Act, and numerous other Federal and State statutes. The case has been extensively covered by the National and Local Media and was the Cover Story in the September 2000 issue of Business North Carolina.. The adversary case was settled in March of 2004 by the Trustee for $2,000,000.00, plus an additional $100,000.00 the Trustee collected in funds from collateral parties. The settlement was thereafter approved by the United Sates Bankruptcy Court on April 30, 2004. Each of the 637 former employees of Shelby Yarn will receive on the average 4 and 1/2 weeks of back pay under the terms of the settlement. The former employees, who had been granted an administrative priority claim for at least 60 days of back pay, were the only creditors of Shelby Yarn to receive any part of the distributions from the Trustee. Head v. SouthTrust Bank, N.A. (United States Bankruptcy Court for the Western District of North Carolina). The debtor in this case filed a motion for sanctions against the Bank for repeated efforts to collect a debt that was included in her Chapter 13 case. The debtor was contacted directly by collection agents of the Bank even though the Bank knew that the debtor was involved in a pending Bankruptcy case and that the debtor was represented by an attorney. The case was resolved for the sum of $14,500.00 in damages, costs and legal fees. Carson v. Diamond Pawn Company (United States Bankruptcy Court for the Western District of North Carolina).

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