Lawyer for Shelby Yarn workers
wins Honor
The Shelby Star
2 June 2004
By Amelia Townsend
SHELBY - The attorney who set
a precedent in the way he used bankruptcy laws to win a multi-million dollar
settlement for the former workers of Shelby Yarn now has another feather
in his cap. O. Max Gardner III of Shelby received the 2004 "Champion
of Consumer Rights" award from the National Association of Consumer Bankruptcy
Attorneys.
Gardner says the award that came
at the annual meeting of the association surprised him.
"It was a dinner meeting and I
was planning on leaving early," Gardner said. "I had no clue.
It certainly means a lot to me, coming from this group. It's like
being nominated for the all-star game by the players."
The award is not presented every
year. Maureen Thompson, executive director of NACBA, said this year
the choice of Gardner was unanimous.
"He has really been selfless in
mentoring and providing information to his fellow attorneys," Ms. Thompson
said. "He is widely considered among the members of our organization
to be a tireless champion for people who are facing financial difficulties
and for the attorneys who are working to help them."
"It certainly means a lot to me,
coming from this group.
It's like being nominated for the
all-star game by the players."
Max Gardner III
"Champion of Consumer Rights"
Shelby Yarn shut down four years
ago, stranding hundreds of employees. Using the bankruptcy laws,
Gardner forced the company to file involuntary bankruptcy.
Just this March, 636 former employees
who were working the day of the shutdown won a $2.1 million settlement.
It was reached just five days before the case was scheduled for trial.
After attorney fees and taxes,
each worker received $988.92.
At the time, Gardner talked about
the legal maneuvering he used.
"I knew these folks didn't have
the means to file individual suits or to launch a traditional class action
suit. So, I figured that if we could get an involuntary bankruptcy,
then the trustee would file for compensation on their behalf and it worked,"
he said.
Some of his clients in the case
say Gardner's work deserves national recognition.
"I'm glad because we would have
gotten nothing without his help," said Billy Gene Davis of Shelby.
"There are a lot of people who could still use a lot more from Shelby Yarn."
"I'm glad to see he got some attention,"
said Debbie Bolin. "He stuck in there and stuck with us."
She says she has just recently
found a job, paying roughly half of the wages she earned at Shelby Yarn.
Gardner says he is now teaching
other lawyers how to use the strategy and has consulted on about a dozen
other cases. |
