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John R. Gardner

Partner
+1.919.743.7325
Fax +1.919.516.2124
+1.704.331.7400
Fax +1.704.331.7598
Mr. Gardner is a partner in the Raleigh office and focuses his practice on the representation of secured and unsecured creditors in the structuring and restructuring of financial transactions, as well as representation of creditors and mortgage servicers in federal and state court litigation, including bankruptcy proceedings, receivership and foreclosure actions, and with regulatory compliance.

Professional Background

Prior to joining the firm, Mr. Gardner served as law clerk for the Hon. J Rich Leonard, United States Bankruptcy Court, Eastern District of North Carolina, 2004-2005.

Achievements

  • Legal Elite, Business North Carolina Magazine, Bankruptcy Law
  • Rising Star, Super Lawyers

Professional/Civic Activities

  • Wake County Bar Association, Public Service Committee
  • Wake Forest Law School Young Alumni Board of Visitors (Rose Council)
  • Campbell Law School Mentorship Program
  • StepUp Ministry Volunteer
  • Alpha Tau Omega Fraternity Board of Trustees, UNC-Chapel Hill, Chairman
  • Representation of major national banks in single lender and syndicated commercial financing transactions, both in structuring and documenting new transactions and in the workout and recovery of non-performing credit facilities.
  • Representation of lenders and other secured and unsecured creditors in chapter 11 and chapter 7 cases in NC, SC, TX, CA, FL, DE & NY
  • Provide day-to-day advice to a number of mortgage servicers regarding consumer bankruptcy, including issues relating to proofs of claim, payment change notices, post-petition fee notices, bankruptcy escrow, monthly statements to debtors, bankruptcy credit reporting, responses to notices of final cure, motions for relief from stay, bankruptcy loss mitigation, violations of the automatic stay and discharge injunction, and disclosure of personal identifying information
  • Representation of senior secured lender in $750 million Texas chapter 11 bankruptcy case, adversary proceedings and related California class action lawsuits
  • Defense of creditor in $40 million insider preference claim in Delaware bankruptcy case
  • Representation of Fortune 500 company in complex chapter 11 litigation in Delaware concerning a Louisiana oil refinery and resulting in recovery in excess of $20 million claim, including interest and attorneys’ fees for bad faith
  • Representation of owner participant in leveraged aircraft lease transaction in New York chapter 11 cases of two major airlines.
  • Representation of creditors in connection with enforcing their rights and remedies in bankruptcy proceedings in numerous business contexts, including litigation involving the automatic stay, adequate protection, use of cash collateral, appointments of chapter 7 trustees, disclosure statement and confirmation hearings, valuation and feasibility disputes, lease/executory contract assumptions and rejections and fraudulent conveyance and preference litigation
  • Representation of clients in purchases of assets through § 363 bankruptcy sales
  • Representation of clients in state and federal courts involving real estate issues, UCC issues, personal and real property lien priority disputes and contract litigation