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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 domestic and foreign companies, creditors and mortgage servicers in federal and state court litigation, including business disputes, bankruptcy proceedings, receivership and foreclosure actions, and with regulatory compliance. Mr. Gardner serves as the hiring partner for the Raleigh office and the co-chair of the Raleigh Parents Council.

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 (various years)
  • Rising Star, Super Lawyers (various years)

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
  • Christ Church, Sunday school teacher and Youth Council Member

Additional Information

Publications
  • “To Support Payments Innovation, Avoid Unnecessary Regulation,” Banking Law Journal, April 2016
  • “Banks Beware: Mobile Checking and the Rise of Duplicate Presentment,” UCC Law Journal, July 2015
  • “How to enforce bankruptcy court orders,” co-authored with Jo Ann Brighton, Charlotte Business Journal, April 2008
  • “Effects of the Shift in the Burden of Proof in the Disposition of Tax Cases,” 38 Wake Forest L. Rev. 1357, 2003, and Tax Law and Policy, 2004
  • 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
  • Representation of domestic and foreign corporate clients in North Carolina Business Court in defense of breach of contract, fraud, unfair and deceptive trade practices and misrepresentation claims and managerial disputes/dissolution claims.