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John R. Gardner

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 lenders and other secured and unsecured creditors in chapter 11 and chapter 7 cases in NC, SC, TX, CA, FL, DE & NY
Defense of creditor in $40 million insider preference claim in Delaware bankruptcy case
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
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 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
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 owner participant in leveraged aircraft lease transaction in New York chapter 11 cases of two major airlines
Representation of senior secured lender in $750 million Texas chapter 11 bankruptcy case, adversary proceedings and related CA class action lawsuits
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 statute 363 bankruptcy sales
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