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Welcome Cd

  1. 1. Max Gardner’s Bankruptcy Boot Camp Max’s Lizmere South Mountain Farm Casar, North Carolina April 4th – 8th, 2008 http://www.maxbankruptcybootcamp.com © 2008 – O. Max Gardner III
  2. 2. Welcome Campers!
  3. 3. The Future of Knowledge <ul><li>&quot;The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn.&quot; </li></ul><ul><li>- Alvin Toffler </li></ul>
  4. 4. Quote of the Day <ul><li>&quot;The subprime meltdown is the leading edge of the storm. If you think this is bad, imagine what it's going to be like in the middle of the crisis. I estimate that more than $100 billion of home loans are likely to default.“ </li></ul><ul><li>-Lou Ranieri, Father of Mortgage-Backed Securities </li></ul>
  5. 5. Max Gardner’s Third Wave Law Practice <ul><li>Information Is the Product </li></ul><ul><li>Mass Customization Replaces Mass Production </li></ul><ul><li>Prosumers Replace Consumers </li></ul><ul><li>The Internet Replaces the Office </li></ul><ul><li>Process Information and Not People </li></ul><ul><li>Home Replaces the Traditional Office </li></ul><ul><li>Virtual Assistants Replace Real Paralegals </li></ul><ul><li>Paper Becomes a Thing of the Past </li></ul><ul><li>Eliminate the Limitations of Space and Time </li></ul>
  6. 6. Max’s Third Wave Max-Theory “You Alone Are the Product” <ul><li>The Objective is to ELIMINATE … </li></ul><ul><li>Office Buildings  Signage </li></ul><ul><li>Secretaries & Paralegals  Assistants </li></ul><ul><li>Copy Machines  Law Libraries </li></ul><ul><li>Payroll  Benefit Packages </li></ul><ul><li>Staff Car Allowances  Commuting </li></ul><ul><li>Worker’s Compensation Plans  Etc. </li></ul>
  7. 7. How to Implement the M-Theory! <ul><li>Use Email & Gmail </li></ul><ul><li>Use Internet Telephony </li></ul><ul><li>Use Internet Faxing </li></ul><ul><li>Use Electronic Document Filing </li></ul><ul><li>Use Virtual Assistants </li></ul><ul><li>Use Internet for Research </li></ul><ul><li>Use Web-Based Open-Source Programs </li></ul><ul><li>Use Your Computer Like Your Old Office </li></ul><ul><li>Use Your Home and Discard Your Office </li></ul><ul><li>Use Your Laptop and Forget the Flat Top </li></ul>
  8. 8. Never Back Down; Never Buck-Up <ul><li>“ You simply cannot let these creditor lawyers intimidate you. You have to intimidate them. They may talk the talk but trust me they cannot walk the walk. Most of them have never been in any type of trial and would do anything to avoid one. They are afraid of court, of judges and especially of juries. They don't know how to examine a witness or even get a business record into evidence. It is really not fair to put them up against me. Sometimes I feel bad about kicking the living shit out of them; but not for long. These lawyers live on intimidation. It is all they know how to do. So, buck-up and don’t back down.” </li></ul><ul><li>- O. Max Gardner III </li></ul>
  9. 9. The Bad Guys! <ul><ul><ul><ul><ul><li>Throw a Dart and Hit a LOSER! </li></ul></ul></ul></ul></ul>
  10. 10. The Real Bad Guys!
  11. 11. What Max’s Clients Say ! <ul><li>“ I just wanted to send you a line and say thank you for taking the time to talk with me today. In this day and age taking the time to talk to someone who is not some real important person is unusual. You are an outstanding lawyer and I hope you keep your humble spirit, and giving nature. When The Star does it's best of Cleveland County edition, you should be at the top for attorneys in this area and not just because of your expertise, but because of your willingness to treat everyone like they are your only client.” </li></ul><ul><li>- Fulvio Brooks </li></ul>
  12. 12. More of What Clients Say! <ul><li>“ Thanks for your help with my bankruptcy case. You saved my life and my marriage. I will never be able to thank you enough. Plus, you made the creditors pay me. Unbelievable. You are a Saint. </li></ul><ul><li>“ AND THANKS FOR GETTING MY LIFE BACK!!!!!!!.” </li></ul><ul><li>- Cynthia Martin </li></ul>
  13. 13. More Happy Clients <ul><li>&quot;I just wanted to thank you for your efforts. The settlement is fantastic. I wasn't even expecting to get anything. I appreciate everything.&quot; </li></ul>
  14. 14. What Creditor Lawyers Say! <ul><li>“ WOW! That was the best article on the subject of mortgage servicing that I have ever read. Now I am even more serious about saving up for your boot camp. Of course I would have to register under an assumed name in order to protect the innocent [namely me]. Thanks again.” </li></ul><ul><li>Theodore A. Nodell, Jr. </li></ul><ul><li>Nodell, Glass & Haskell, LLP </li></ul><ul><li>5540 Centerview Drive, Suite 416 </li></ul><ul><li>Raleigh, NC 27606 </li></ul>
  15. 15. What Attendees at the Annual NACA-NCLC Conference Said about O. Max! <ul><li>Always great, fantastic speaker! </li></ul><ul><li>I love his motivational speeches! </li></ul><ul><li>He always stays substantive. </li></ul><ul><li>Great; always invite him back, always! </li></ul><ul><li>He enhances everything with visual images. </li></ul><ul><li>Good and to the point; great source. </li></ul><ul><li>Very dynamic; great practice tips. </li></ul><ul><li>Great; fantastic; wonderful speaker. </li></ul><ul><li>Good; He is the best! </li></ul><ul><li>He has walked the walk and can talk the talk! </li></ul>
  16. 16. What Other Creditor Attorneys Say! <ul><li>“ I want to come to your Boot Camp but if my photograph appears in your group portrait then Wells Fargo and Chase will place me in the XYZ file. On second thought, when can I sign up? You know more about this business than we do. How is that possible?” </li></ul><ul><li>- Joe Vonnegut, USFN Attorney </li></ul><ul><li>Hutchens & Senter </li></ul>
  17. 17. What the Public Says about Max <ul><li>“ I read your article in Business Week magazine. I love what you do!!! These credit companies have become nothing but organized crime syndicates sucking the blood out of the poor. Thank you very much for what you do!!” </li></ul><ul><li>- S. Hart </li></ul>
  18. 18. 25 Years in 5 Days <ul><li>“ I learned more in the last 5 days than I learned in the last 25 years. It was truly an amazing experience. This will change your career and your life, as you know it - Just Do It.” </li></ul><ul><li>– Paula M. Powers </li></ul>
  19. 19. Thank You O. Max <ul><li>“ THANK YOU, THANK YOU, THANK YOU for all you do to help us sharpen up our professional knowledge and skills. We may look like a conscripted, out of step bunch of rookies now, but just you wait until we've finished basic training! We'll do you proud, I promise!” </li></ul><ul><li>- Marie McDonnell </li></ul>
  20. 20. Incredible Experience <ul><li>“ Thanks again to Max, family and staff. It was an incredible experience that I will do again as soon as the creditors pay for it. And they will pay for it. The first adversary is in the works. Capital One – Baby they are going to pay extra for making me watch those stupid commercials on television. If every NACBA member sued them enough times, maybe we could dent their advertising budget and stop those idiotic commercials.” </li></ul><ul><li>- Carmen Dellutri </li></ul>
  21. 21. <ul><li>&quot;Look, we are in a war with the mortgage servicers and their legion of lawyers. The first thing you have to understand is that they don't play fair. They will do whatever it takes to win. Legal or Illegal. Right or wrong. Ethical or unethical. If you don't believe it, then read the transcript in the Jenny Rivera case. The truth of the matter is that they really do not care about the law or the rules or about fair play. They really don't care about winning or losing as long as they get their money. Remember, from their point of view it is always about the money. And, they want as much as they can get!“ </li></ul><ul><li>O. Max Gardner, III </li></ul>
  22. 22. Children, Husband & O. Max <ul><li>“ Thank you for this Max. </li></ul><ul><li>And let me say, without getting too wordy, as I tend to do, that you and the remainder of the listserv and the boot camp listserv, have improved my abilities as a bankruptcy attorney, have helped me to understand when someone is willing to dupe me, and yes, have made me a better person as well as a better attorney. </li></ul><ul><li>After my children and my husband, the best things I have ever done have been joining NACBA and listserv and going to boot camp.” </li></ul><ul><li>- Mary Wheeler </li></ul>
  23. 23. Ice Cubes & Ice Bergs <ul><li>“ I thought I had a handle on a lot of the material before I even got there but soon realized what Max had given me at Austin and New Orleans was merely an ice cube compared to the icebergs of material he had for us those four days. The food was fabulous, the accommodations outstanding, the seminar intense.” </li></ul><ul><li>- Frank Coxwell </li></ul>
  24. 24. Already Using Your Model! <ul><li>“ Thanks for a wonderful weekend! Bill and I are already using the knowledge you shared in our practice. And, we have only been back home for one day!” </li></ul><ul><li>- Jim Haller </li></ul>
  25. 25. You’ll Never Forget “ You’re going to be asked to absorb a lot of high theory of banking and debt securitization, as well as nuts and bolts tactics for punishing evil mortgage banks and credit card purveyors.  When no one’s looking, post a secret photo of the goings on.  Don’t tell anyone I said to do this.  Share all the secrets of your law practice with the people you meet there.  You’ll never forget how much fun it was to be at Max’s Boot Camp.”      -Craig Andresen
  26. 26. Light Bulb Moments <ul><li>“ It's not just the force of his personality; he really knows what he is talking about. While I have been trying for quite a while to do the same thing he does, albeit on a smaller scale, and think I've been reasonably successful, every day during Camp brought two or three &quot;light bulb&quot; moments, i.e., those precious and regrettably few moments when something that has been unclear suddenly becomes clear, and a metaphorical &quot;light bulb&quot; goes off over your head.” </li></ul><ul><li>- David Baker </li></ul>
  27. 27. View from the Bench <ul><li>“ I knew that your presentation and content would be unique. There are few people who understand any segment of the law like you -- usually it takes 20+ years of intense training and experience. </li></ul><ul><li>“ These folks ‘saw the light’ and they will successfully incorporate what they learned into their practices.” </li></ul><ul><li>- Superior Court Judge John Mull Gardner </li></ul>
  28. 28. Honor & Privilege <ul><li>“ It is our honor and privilege to have been a part of the first class. It was a once-in-a life-time learning experience. It was a joy to spend time in your home -- thanks to you and your wife and staff for the warmth of your hospitality.” </li></ul><ul><li>- Eloise Guzman </li></ul>
  29. 29. Worth Every Penny <ul><li>“ We are winding down here in our fourth day; tired, but a lot smarter. This has been all I had hoped; the Bankruptcy Litigation Model reflects Max's imaginative approach to a consumer bankruptcy litigation practice and will affect the way I practice law for the rest of my life. He shares his vision, then presents practical, hands-on ways to make your practice more profitable, no matter what jurisdiction you practice in. Worth every penny, and a must for anyone who is serious about taking his practice to the next level!” </li></ul><ul><li>– John Neblett </li></ul>
  30. 30. Important Moments in Life <ul><li>“ After waking up this morning I reflected on what I had learned. Understanding the material and putting all the pieces in place will take time. However the approach and mindset necessary is of greater importance. Your calm, meticulous and focused approach is the standard I aim for. The rest I believe in time will come.” </li></ul><ul><li>“ As I get older, I appreciate important moments and opportunities. Your boot camp is one.” </li></ul><ul><li>– Robert Grossbart </li></ul>
  31. 31. Thanks for Your Help! <ul><li>“ Thank you very much. I REALLY appreciate all of your help, and the fact that you are so willing to take the time to share your expertise with everyone.” </li></ul><ul><li>- Sheree Cameron </li></ul>
  32. 32. Is Boot Camp Worth It? <ul><li>I struggled with the decision to go but finally took the leap and made the plunge. Although I have not filed a big adversary yet from which the proceeds would pay for the boot camp, I will tell you that for the very first time I have received a mortgage history and understood the dog gone thing. It saved the client $2,000, but for that client it is one month's worth of payments plus late fees and interest. </li></ul><ul><li>Rachel Lynn Foley </li></ul>
  33. 33. Never Been So Enlightened! <ul><li>“ Max, in my years of running a large bankruptcy practice, attending many legal seminars and representing thousands of clients, I have never been so enlightened by any single professional experience like the Boot Camp. The Boot Camp was intellectually stimulating and challenging. I walked away with a feeling of infuriation about the extent to which everyday people are being taken advantage of by the banking industry, but feel empowered to assist my clients in a way that will truly make a difference in their lives. In my mind, the value of your Boot Camp is immeasurable!” </li></ul><ul><li>- Kevin Chern </li></ul>
  34. 34. An Eye-Opening Four Days <ul><li>“ This has been the most eye-opening four days since I started law school. From being on the list and attending NACBA events, we all knew there were many more actions we could take on behalf of our clients. Now I know how to do them, why to do them, and feel confident that I can do them. No one in my district does this type of work. With the materials Max gave us and the day-long workshops, you will learn how to do them, too.” </li></ul><ul><li>- Allan Bloomfield </li></ul>
  35. 35. Two Greatest Inventions! <ul><li>&quot;The two greatest inventions of the 20th Century are the Internet and O. Max Gardner III. Practicing Bankruptcy Law without his Bankruptcy Litigation Model is like taking a knife to a gun fight. Thanks again.” </li></ul><ul><li>- Terry Haygood </li></ul>
  36. 36. The Most Important Thing <ul><li>“ As a prior graduate let me throw this in. THE MOST IMPORTANT THING I learned from Max at boot camp was that every bankruptcy client complaint has a fee based solution. No longer do I avoid or dread phone calls from current bankruptcy clients, I encourage them. We now make money from client complaints and calls that used to be a source of irritation, either because I didn't know what to do to solve the problem or I thought I would have to do more work for free. Now the creditors pay and pay and pay.” </li></ul><ul><li>- Frank Coxwell </li></ul>
  37. 37. Best Seminar in Universe <ul><li>“ Max, Keep on Keepin' on !!!!!! Still the Best seminar in the Universe.” </li></ul><ul><li>- Joe Albanese </li></ul>
  38. 38. Just want to say thanks for BOOTCAMP and report back that we have filed over 90 AP proceedings since October and cleared over 150k in NET attorney fees alone. Presently we have 60 cases pending yet to settle which will only add to the pot and may triple our fees! :) THANKS!!!!!!!!! -Michael Doan
  39. 39. Update and thanks from NJ Firm <ul><li>We are filing at least 2 new adversaries a week now and settling at least one. Your model is solidly in place and you have completely transformed my practice, both philosophically and procedurally. </li></ul><ul><li>Thanks again! - Lee M. Perlman </li></ul>
  40. 40. It Is a Revolution in Evolution ! <ul><li>“ My take on the boot camp is that it is a political/social/economic revolution in the making crafted and led by the smartest folks in the country.” </li></ul><ul><li>- April Charney </li></ul>
  41. 41. If I Never Made a Penny <ul><li>“ If I never made a penny from the boot camp, I would still consider it worthwhile because of the way it has expanded my ability to help my clients. But I know that the boot camp is going to dramatically affect my income over the long run. This is unsolicited advice, but if anyone asks, boot camp is a necessity for anyone who wants to expand their ability to help their clients.” </li></ul><ul><li>- Mary Wheeler </li></ul>
  42. 42. A Legend <ul><li>“ Thank you, Max. You are a legend in our household, I have read many, many of your postings over the years, and I look forward to your counsel.” </li></ul><ul><li>- Barbara Andelman </li></ul><ul><li>Executive Director, NACBA </li></ul>
  43. 43. Simply Put, Max is a Genius <ul><li>“ What I learned listening to and talking with Max for four days will be more helpful to my practice than anything I have ever done. Simply put, Max is a genius. His understanding of and dedication to the practice of representing debtors in bankruptcy court is unsurpassed. If you have not already made plans to attend Max's Boot Camp, do so now! “ </li></ul><ul><li>Bradford W. Botes </li></ul>
  44. 44. My Life & Practice Have Been Changed by the Boot Camp <ul><li>“ I have not been home 12 hours yet and see immediately how to put the boot camp knowledge to work for my clients! Thank you, Max, and thanks to your family and staff for a wonderful time.” </li></ul><ul><li>- Rick West </li></ul>
  45. 45. <ul><li>As I approach my six month mark post-boot camp, I was reminded of his jibe because just as it is no doubt true, it is equally true that the more I digest of the boot camp lessons, the more consumer violations I see. Without a doubt, these woods are still dark to my eyes in many places. But I have a light. </li></ul><ul><li>Matt Berry </li></ul>
  46. 46. National Conference of Bankruptcy Judges 2007 <ul><li>I think we had a very good response from the Judges at the NCBJ in Orlando. I have received many private emails from a substantial number of the Judges who heard our presentation and many more came up to me after the completion of our one hour program. Kim Miller, the VP of Bankruptcy Services for Wells Fargo, was a member of my panel and engaged in a very good Point and Counter-Point Exchange with me. I have known Kim for a number of years and although we disagree on many things we both have a great deal of respect for each other. I think the Judges really responded to this positive chemistry between the two of us. And, Professor Porter's preliminary report on the legitimacy of the POCs filed by the Mortgage Servicers was, to say the very least, devastating evidence. Also, Professor Porter specifically mentioned the Boot Camps and said that the Boot Campers were starting to make a difference and that they could see this in their review of thousands of claims and objections to claims and adversary proceedings. She certainly gave the Boot Camp some instant credibility. I also made it very clear to the Bankruptcy Judges that all we wanted was a level playing field, with all players working out of the same rule book, and with complete transparency. How can you argue against these concepts? </li></ul><ul><li>O. Max Gardner, III </li></ul>
  47. 47. <ul><li>“ And with this, I join the other boot camp members who recommended Max's Boot Camp. This is the best money I spent in my life and I have no doubt, will have the largest ROI I have ever spent!!!!!!! If you think you know bk, YOU DON'T! If anything, this course teaches you how much you don't know...and then teaches what you don't know so you do know. I would go back and work for MAX for free for a month just to learn more if he would let me. It's a no brainer, sign up now!!!!” </li></ul><ul><li>- Michael G. Doan </li></ul>It Was a No Brainer!
  48. 48. Was it Worth It? <ul><li>“ The list serve has seen me question whether the cost of the boot camp was worth it, and I have an answer. YES. YES. YES.” </li></ul><ul><li>- Mary Wheeler </li></ul>
  49. 49. Thank You Max! <ul><li>“ Thank you very much for your hospitality, and sharing your knowledge. I wish I could say something eloquent, but no matter the words I put to use, I'm not sure they will do my feelings justice. It just comes down to a heartfelt Thank You.” </li></ul><ul><li>- Angel Spiroff </li></ul>
  50. 50. Tools to Make a Difference <ul><li>“ The mortgage industry is tightly organized and well trained. To make an impact, the opposition needs to be equally well organized and know the laws that can hold offending brokers, originators, and conduits accountable. </li></ul><ul><li>“ Max Gardner's Bankruptcy Boot Camp affords bankruptcy attorneys the tools, technology and strategies that can make a difference. </li></ul><ul><li>“ My advice...sign up ASAP to take the basic training, pass the word on, and then begin...” </li></ul><ul><li>- Marie McDonnell </li></ul>
  51. 51. A Pivotal Moment <ul><li>“ Just wanted to say it again, thanks for the great weekend. It was definitely a pivotal moment in my early career as a consumer bankruptcy attorney. I think it’ll take me at least a month to actually realize into reality the information Max shared with us. Please send my special thanks to the entire staff at Lizmere Farms, including Nancy for her gracious hospitality, Lesley for her delightful dinner service, Vickie for the exotic and tasty dishes and of course Max for the honor and opportunity he shared with us in the giving of his time, self, and tremendous knowledge to the campers. Thank You!” </li></ul><ul><li>- Shawn Doan </li></ul>
  52. 52. RAVE REVIEW <ul><li>“ This is a rave review for the inspiration you generated at boot camp. Honestly, your zeal, thoroughness, energy, and downright litigiousness made me feel validated. I am trying to figure out how to infect the rest of the staff here with your spirit.” </li></ul><ul><li>-Barbara Goolsby </li></ul>
  53. 53. A Profound Change <ul><li>“ Max I can't begin to tell you what a profound change in my life has occurred from attending your boot camp. Thank You again.” </li></ul><ul><li>- Andy Wilson </li></ul>
  54. 54. No Phones, No Office, No Family Just O. Max! <ul><li>“ No phones, no family, no office, just the brisk fall wind on a North Carolina mountain top, and of course, Max Gardner telling you how all of this really works. I don't think there is one type of client or creditor that Max hasn't had to deal with over the last 20 years, so it was refreshing to know that others go through the same thing, but that there is light at the end of the tunnel --and it isn't the train coming to flatten you.” </li></ul><ul><li>- Kathy Cruz </li></ul>
  55. 55. Gift that Keeps on Giving! <ul><li>“ You are the gift that keeps on giving! Your expanded seminars, your listserv, Version 1.1, and now the FTP site! Simply amazing! Hats off to you, Max, and thank you! I'm sure I speak here for the Troops!” </li></ul><ul><li>- Marie McDonnell </li></ul>
  56. 56. Just Plain Old Texas Thanks! <ul><li>“ Thank you so much for the excellent camp. It was great, fantastic, beyond all expectations. The best.” </li></ul><ul><li>- Wendy Durbin </li></ul>
  57. 57. Best Money Ever Spent <ul><li>“ Max's Boot Camp is the best money you will ever spend. You will likely make back the cost of your tuition with your first settled consumer law violation case and learn plenty about how to run a 21st Century law office. You will learn everything you need to multiply your revenue on every case five to ten times. Jump on this opportunity!” </li></ul><ul><li>- Kevin Chern, President, totalbankruptcy.com </li></ul>
  58. 58. The Boot Camp Experience <ul><li>“ The Boot Camp experience was beyond words, and reading the e-mails circulated through the listserv is continuing education on a daily basis. At this rate, my bankruptcy law ignorance factor is waning quickly and I am beginning to see the powerful protections written into the code for consumers as explained by Max.” </li></ul><ul><li>- Marie McDonnell </li></ul>
  59. 59. Empower Your Clients! <ul><li>&quot;Lee, I have to ask you if any of your previously discharged or any of your pending bankruptcy clients call you and tell you they are being sued, garnished or harassed over a bankruptcy debt…. Under the BLM you learn to efficiently deal with that problem. You immediately empower your client to stand up to the harassment. And you go on the offense, [not to stop the collection activity because you will learn that the creditor cannot fix the problem], you go on the offense to create a wealth stream for your client and your fees. And you do it in the friendly confines of your bankruptcy court and within the bounds of your stay order and your discharge injunction. The stay and the discharge are the tools you use against the creditors to give your clients a better life. Once you learn what the problem is </li></ul>
  60. 60. <ul><li>and after you start to understand how mortgage debt is securitized, you soon realize that the goal is to reform the mortgage. Not cure the arrearage, not defend the lift stay motion, not stop the foreclosure, but to take a piece of crap mortgage that some slimy lender and broker sold your client, a mortgage that your client cannot afford to pay inside or outside of bankruptcy, and you destroy it. Max's graduates have successfully modified mortgages through settlements reducing the balance and the interest rate. That is the benefit of the BLM and that is only available through the system. If you told me it could be done this way I would look to you in disbelief. That is the eye-opener. It took 3 days of Max's seminar before the bell rung on the fourth day and I began to see the big picture. Like I said when I left NC. The game has changed. The beauty of all this is that Max will welcome you to his home to learn his system. It will be an experience of your lifetime.” </li></ul><ul><li>- Andy Miofsky </li></ul>
  61. 61. <ul><li>“ I'm thankful for so many things, but the Boot Camp experience is right up there near the top of my list. What a boost it has given to my bankruptcy practice...just the beginning, I hope. God bless!” </li></ul><ul><li>- Paula M. Powers </li></ul>I Am So Thankful!
  62. 62. Thank God for You! <ul><li>“ God bless you! Which He seems to have done in a plentiful portion: your intelligence, your energy, your health, and your wit. And, thank God for you and everything you do for all of us.” </li></ul><ul><li>- Lyssette Morales </li></ul>
  63. 63. Professional Bubble Bath <ul><li>“ The food was great and the atmosphere is great for just immersing yourself in the law -- kinda like a professional hot bubble bath that let's you just surround yourself in knowledge.” </li></ul><ul><li>- Kathy Cruz </li></ul>
  64. 64. At Least We Survived! <ul><li>“ And we are very thankful, Max, for the opportunity, even if we are worn out. At least we survived.” </li></ul><ul><li>- John Cantrell </li></ul>
  65. 65. First Boot Camper Settlement August 15, 2006 <ul><li>I am pleased to announce that one of my Boot Camp graduates just today settled a RESPA/Automatic stay violation case for the following terms: </li></ul><ul><li>The sum of $12,000 in cash to the debtors; </li></ul><ul><li>The payment of $10,000.00 in outstanding legal fees to the Boot Camper </li></ul><ul><li>The permanent removal of all of the junk legal fees, BPO fees, late fees, and property inspection fees; and </li></ul><ul><li>A complete readjustment of the &quot;escrow account&quot; to correct prior errors. </li></ul>
  66. 66. FORTY YEARS ON THE BENCH <ul><li>I had three more come in the door today. Most of the recent violations have been on cases two years and older. I did have an opportunity the other day to inform our Judge that the debt buyers are buying discharged debt. He was shocked and actually asked why they would do that when it was uncollectible. Forty years on the bench. </li></ul><ul><li>-Carmen Dellutri </li></ul>
  67. 67. Verdict <ul><li>“ Case had prior abuse and previous sanctions, but the Judge seemed to like the ‘new’ theory of abuse and gave me $1,800.00 in fees to be paid within 48 hours and set another hearing in 2 weeks to give the debtor the sum of $1,500.00 in damages. </li></ul><ul><li>“ I realize it is not up to N.C. standards, but it is the first time my Judge heard these arguments and for our District, this is a pretty aggressive order from a motion hearing. </li></ul><ul><li>“ Getting ready to file our first AP, under the Max Gardner litigation model. </li></ul><ul><li>“ It works!” </li></ul>
  68. 68. Settlement <ul><li>“ I just settled an AP involving a POC with a lien on real estate that debtor no longer owned. Creditor loses a $12355 claim, it is reduced to zero. This is a 100% plan so the debtor comes out way ahead. I am only taking $1000 in additional fees for the AP from the existing plan payments being paid to the creditor pool. Settlement was reached before defendant answered. Creditors are nonbusiness individuals. I don't think the Court likes to hammer Mom and Pop. This is the 3rd AP I filed in this bankruptcy case. The other 2 cases resulted in payment of fees from other creditors and knocking out claims.” </li></ul>
  69. 69. Verdict <ul><li>“ We already have the motion to enforce judgment filed against Ocwen (with your terms of $1000/day fine and $2500 additional attorney fees) to be heard 10/11/06. Other things to come. Will keep you advised. This stuff really works.” </li></ul>
  70. 70. Settlement <ul><li>“ Ocwen just agreed to a reduction in principal from $34,630.77 to $20,000; a reduction in interest rate from 11.44% to 7%; a reduction in monthly payments from $437.49 to $180.85; a waiver of all junk fees; a new note on the Fannie/Freddie uniform note form; and the payment of $8,000 of attorney fees.” </li></ul>
  71. 71. Settlement <ul><li>“ WAMU was holding a surplus of $7,400.00 in the escrow account for taxes. After the Boot Camp, I sent them one of your demand letters. They promptly refunded the full amount. It works.” </li></ul>
  72. 72. <ul><li>Just returned from Boot camp and am punch drunk from lack of sleep. I wanted to take the opportunity to publicly thank Max, his extended family, his dogs, the other Boot campers ( except for the one who drank almost all of the Oban) and the wonderful hills of North Carolina for the wonderful hospitality which allows the campers to take full benefit of the extraordinary time spent with Max and his methods. Max basically teaches for 4 days straight and then for relaxation, talked more bankruptcy. </li></ul><ul><li>One warning though, don't go to Boot camp unless you care for your clients and want to stop the incredible abuse that the creditors perpetrate on our clients. Please leave that spot for some other Boot camper! </li></ul><ul><li>I hope to slowly implement many of the practices that Max preaches and continue as a soldier under a great general. </li></ul><ul><li>David B. Shaev </li></ul>
  73. 73. Robin Hood <ul><li>After handing out &quot;another&quot; check to a client...it dawned on me that you have created a army of &quot;Robin Hoods&quot; except we are not stealing from the rich and giving to the poor but rather we punishing the deceptive and rewarding the innocent </li></ul>Robert Grossbart
  74. 74. <ul><li>Boot Camp graduate David Poston just secured a legal fee award of approximately $87,000.00 in an FDCPA case he filed in Alabama. David's share of the fee award is about $45,000.00, including his cost and expenses. Congratulations on a fine job against a &quot;very difficult&quot; defendant. I feel safe in saying that David has recovered his Boot Camp Fee. </li></ul><ul><li>O. Max Gardner III </li></ul>
  75. 75. Settlement <ul><li>“ About 3 weeks ago I received a ruling under the BLM where my Judge brought the loan current, (about 1,000 behind), struck about $2.000 in junk fees, denied forced placed insurance for 4 years at 4,000 each year and misapplied interest for a total of about $30,000 in loan reductions. She then decided that because my debtor had received such good relief my debtor could pay $5,000 in attorney fees to me to be included in the plan. Not exactly what I wanted. This was against SPS. This is about the 4th case, (pattern & practice) my Judge has seen. </li></ul><ul><li>“ Yesterday, I argued the exact same fact patterns from an Ocwen loan after discharge. Used one of your AP forms, modified into a motion to avoid Ocwen consolidation into the MDL, Judge stated on the record how much she liked the format, then awarded $2,000 to me, $5,000 in sanctions and struck about $5,000 in bogus fees. This is the first real money sanction my Judge has awarded in her 13 month term. Looking forward to pattern and practice in future cases. Creditors who practice in our court were actually stunned speechless. </li></ul><ul><li>“ Just about paid off my boot camp in about 4 months. To Max goes the glory.” </li></ul>
  76. 76. Settlement <ul><li>“ I was successful yesterday in getting our Judge to strike all attorney fees, prior foreclosure fess, prior bankruptcy fees and appraisal fees from a proof of claim. Judge ruled that the fees have to be itemized and not just a lump sum for each category and that the burden of proof shifted to the creditor. He struck over $6000 of fees on my objection to claim. This one of the few wins for the debtor from our new judge who was a Ch 11 Creditors lawyer up until Feb. I used the Tate case from NC and the White case from the 8th Cir BAP. The creditor (Colonial Mortgage Co) folded so I suspect most of the fees were bogus.” </li></ul>
  77. 77. Settlement Nuisance Case Now Worth $3,500.00! <ul><li>“ I just settled a 362 action yesterday for $3500, of which I get $1750. Ordinarily I would have considered this a nuisance call. Thanks to Boot camp, I have a new outlook on BK and a very profitable one at that! I have about 10 more cases in the works and cant keep up with the new ones I find each day! </li></ul><ul><li>“ Thank you Max!” </li></ul>
  78. 78. Settlement <ul><li>“ I filed a Discharge violation against First National Bank of Omaha in November for sending 2 letters and 2 phone calls on a debt that was listed in the bk. They first offered $1,700.00. I sent out Max’s Discovery asking them to identify if they had a pattern and practice of buying or servicing discharged debts. We settled today for $10,000.00!” </li></ul>
  79. 79. Settlement <ul><li>“ I just settled two cases today. One for $5,000 (a stay violation) and the other for $4,000 (a discharge violation). But for the Boot Camp, I would have never even known I had any claims. THANKS.” </li></ul>
  80. 80. Settlement <ul><li>“ Had the hearing today at which three lawyers showed up. We went out in the hall and they offered the following; </li></ul><ul><li>1. I withdraw the motion for sanctions; </li></ul><ul><li>2. They will withdraw the Motion for SJ and the petition and let the case be dismissed without prejudice; </li></ul><ul><li>3. I will withdraw my motion to dismiss; </li></ul><ul><li>4. They pay $1,500.00 in attorney fees; </li></ul><ul><li>5. They expressly agree to reserve my client's counterclaims for RESPA and FCRA violations to a subsequent suit; and, </li></ul><ul><li>6. They will refile in 30 days under the properly named party, once they get an assignment back to the originator. </li></ul><ul><li>“ Thanks Max!” </li></ul>
  81. 81. Multiple Settlements <ul><li>“ I just settled two cases with Citi for $5000 each and over $4000 each in fees wiped out and I settled one with Chase for no money to get the stay reinstated. In about six months all the fees and charges should be back on the mortgage accounts and then I can file a new adversary for violation of the settlement agreements… I now have offers or demands out on 5 other cases which should be resolved in the coming weeks.” </li></ul>
  82. 82. The BLM Is Working! <ul><li>“ The BLM is working very well. Since I left the Boot Camp, I have filed 28 Adversaries, 1 Federal District Court Case and 1 State Court Case. I have 10 more Adversaries to file and they are coming in at about 5 a week now. My goal was to file 10 adversaries a month but I think I will pass that. I have also received 4 referrals from other attorneys. Of the 28 that I have filed, I have settled 10. It has taken some time, but my staff is really tuning in to when someone may have an adversary and they are setting them up to come see me. The funny thing is of all the payoffs and transaction histories I have reviewed, I haven't found one yet that did not have improper fees and charges added. Thanks Max.” </li></ul>
  83. 83. Settled! <ul><li>“ We settled this case for exactly what we asked, around $12,500.00. Thanks for your help in drafting the settlement agreement.” </li></ul>
  84. 84. Words of a 3 yr old <ul><ul><ul><ul><ul><li>My 3 ½ yr old son is running around saying that Mommy is going to boot camp to learn to kick the butts of people who are mean to Mommy’s clients. </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>- Debbie Mack </li></ul></ul></ul></ul></ul>
  85. 85. Does it Work? <ul><li>“ Speaking of Saxon, Chris wanted to report this, but he has been busy. Before we left, Chris sent Saxon a ‘friendly’ letter informing them of their negligence in responding to a QWR. When we got back from Boot Camp, we had received a check from Saxon for 2K. I guess that answers the question one boot-camper had that I overheard, ‘do you really think these people will just send us checks?’ The answer is yes, yes they will.” </li></ul><ul><li>- Angel Spiroff </li></ul>
  86. 86. REFRESHING <ul><li>Just got a verbal settlement agreement with Wells Fargo for $7,500 and all corporate charges (1,050) and late fees (about $500) deleted. After practicing BK law for 20 years with my hat in my hand when it came to lift and stay lawyers, this is truly refreshing. </li></ul><ul><li>-Robert Grossbart </li></ul>
  87. 87. One Week Later… <ul><ul><ul><ul><ul><li>One week out of Boot Camp, client gets one letter, I fax the creditor your letter, take follow up call from creditor, quick $800 settlement, $400 to client and $400 to me. This stuff really works. </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>Thomas A. McAvity III </li></ul></ul></ul></ul></ul>
  88. 88. Words cannot express <ul><li>I cannot find the words to properly express how grateful I am for your Boot Camp. Suffice it to say, I anticipated that the Camp would confirm a nagging suspicion that I wasn’t much of a bankruptcy attorney. What I did not expect at all was that I would be given just about every tool I might need to become a pretty fair debtor’s lawyer in the years to come. It’s going to be a lot of work, but adding one claim at a time, I think it’s within my grasp. Thank you. </li></ul><ul><li>-Tom </li></ul>
  89. 89. Just Call me Bulldog <ul><li>Before going through the Boot Camp, I was one of the average attorneys in SC that just let other folks walk on them. I never liked it because I have always been a fighter at heart. I just didn't know how to do what I needed to do to fix it. Now I know. I am a better lawyer and a better person. One of the other debtor attorneys down here calls me a bulldog. I am not the smartest lawyer or the fastest thinker, but after I latch on, I don't normally let go. You got me latched. -John Cantrell </li></ul>
  90. 90. “ I’m not kidding!” <ul><li>I have just settled a discharge injunction case for $9,000 with one co-defendant. After I called my client about the settlement it took at least 5 minutes for me to convince my client I was not kidding. Thanks Max. </li></ul><ul><li>-Lee M. Perlman, Esq. </li></ul>
  91. 91. Best CLE Dollar I’ve Spent <ul><li>Max -- </li></ul><ul><li>I know you get compliments all day and from all quarters. But let me add mine, as a 62-year-old 30-year practitioner since Army JAGC discharge in 1976 . I still believe investment in you (and myself) was best CLE dollar I've spent. </li></ul><ul><li>--Bruce Magness </li></ul>
  92. 92. Exceeded Expectations <ul><li>“ Max, thank you again for the opportunity to attend boot camp. The depth of the knowledge you imparted exceeded my expectations even though I expected much, after hearing you and Kevin at last year's NCLC. </li></ul><ul><li>Thanks also to Vickie and Leslie for their hard word keeping us organized and fed. If an attorney army travels on its belly, this one will go far.” </li></ul><ul><ul><ul><ul><ul><li>- Wendell Finner </li></ul></ul></ul></ul></ul>
  93. 93. HAPPY HUNTING <ul><li>“Max, thanks for your guidance. Before I took your seminar, it never occurred to me to use UDAP statutes. Here in NJ we have a very consumer friendly ‘Consumer Fraud Act’, equivalent to your UDAP. Jury trial available for the asking. Again, happy hunting.” </li></ul><ul><li>-Joe Albanese </li></ul>
  94. 94. Real Bankruptcy Reform <ul><li>If you change your business plan for fear of the ARMS, MOARMS and POARMS then you will be out of business. The fact of the matter is that we (the consumer bar) must learn how to attack these toxic mortgages through the innovative use of Chapter 13. I am not planning on any Amendments to 1322(b)(2). If it happens, great. If not, then I will just keep on keeping on with my current legal strategy. Even if you cannot create enough legal leverage to rescind the loan, you can create enough smoke to modify the mortgage under the Loss Mitigation Rules of the Pooling and Servicing Agreement. </li></ul>
  95. 95. Real Bankruptcy Reform cont. <ul><li>We also have to use the misapplication of payments and the charging of illegal fees as leverage to modify the mortgage. We are moving outside of the traditional Chapter 13 model where you could save a home and stop a foreclosure by simply filing a petition and putting the arrears in the plan. When the mortgage payments double with the first or second resets you have a monthly payment that is simply beyond the payment ability of 95% of the debtors. What these consumers will need is not just relief from an oppressive debt load, but relief from the monthly mortgage payment. What I am talking about is real bankruptcy reform and not the fake reform of the 2005 Amendments. </li></ul><ul><li>-O. Max Gardner III </li></ul>
  96. 96. Thanks for Holiday Boot Camp <ul><li>“ Max, </li></ul><ul><li>All I can say is thanks. I can't believe you did that on a holiday. I'm going to sit by my computer, not taking a break for meals or sleep, until I get your report. When I came back from boot camp, I told a friend that it would take me 10 years to accumulate, on my own, the information I got in one long weekend on the farm. I think I was wrong. </li></ul><ul><li>50 would be a better estimate. </li></ul><ul><li>Sincerely, Thanks again for your leadership. It has made all the difference.” </li></ul><ul><li>-Joe Albanese </li></ul>
  97. 97. Year End Income Analysis <ul><li>Fellow Bootcampers: </li></ul><ul><li>Just finished my year end income analysis for 2007. Keeping in mind that I am a May 2007 graduate of the bootcamp my total income resulting from Max' BAL is: $17,378.00. </li></ul><ul><ul><ul><ul><ul><li>-Ronald Kim </li></ul></ul></ul></ul></ul>
  98. 98. Re-motivated <ul><li>Thanks again, Max, for letting me attend the Boot Camp. It was precisely what I needed to get me re-motivated in my job. </li></ul><ul><ul><ul><ul><ul><li>- Robert Wilbert </li></ul></ul></ul></ul></ul>
  99. 99. A Personal Note of Thanks <ul><li>Max: </li></ul><ul><li>I wanted to take a moment to share a personal note of thanks with you. You are an incredible person and an even more incredible teacher. The information you imparted at Boot Camp was fantastic and I know that my clients will be the ultimate beneficiaries of my time with you. I will be implementing your strategies, slowly and steadily as advised, and I already can sense new confidence to help people in areas I never before considered. - William Mackin </li></ul>
  100. 100. Report from the Trenches <ul><li>Folks , </li></ul><ul><li>Couple filed bky (13) January 2007. Allied listed. Allied continued calling. March 2007, I sent the 10-day cease and desist letter; allied interstate continued calling. Couple each picks up phone twice and tells Allied caller that they filed bankruptcy, gives my number. Allied continues calling. 22 phone calls prior to the letter going out; 18 times after the letter going out. This judge hates emotional distress, doesn't like punitives. Big burly husband testifies that if HE violated an order, he'd be in jail. Award -- costs 100.00 for Tums, $15K for certified mailings; $25.00 mileage for trips to my office. He rounds up my attorneys fees to $3K (from 2495); finds that the FDCPA was violated (yep, we are in the 9th circuit), awards $4000 in statutory damages; awards $2200 in emotional distress damages ($100 per phone call pre-warning letter suggested); $9000 in punitives ($500 per phone call, 18 of 'em, after letter). Grand total is $18340.00. Yippeeeeeeeeeeeeee! </li></ul><ul><li>- Karen Oakes </li></ul>
  101. 101. 524i Plan Language <ul><li>Max, </li></ul><ul><li>I'm writing to thank you for your help in getting the 524i language included in our plan. Our judge acknowledged this fall that the fees being charged by mortgage servicers has clearly become a national problem. </li></ul><ul><li>I don't think he would have come to this conclusion without your comments to him at the conference last Spring and the information you subsequently sent him. </li></ul><ul><li>Thanks again. </li></ul><ul><li>-Jim Haller </li></ul>
  102. 102. “ I LEARNED A HELLUVA LOT” <ul><li>“ Anyone who has the chance to attend the Boot Camp should go. I have been doing bankruptcy for more than 10 years and I learned a helluva lot--and more importantly, I feel refreshed and excited about helping clients and screwing mortgage servicers. I feel like I am well-equipped to start making a real impact for my clients--beyond saving their homes.” </li></ul><ul><li>-Robert Wilbert </li></ul>
  103. 103. GO MAX! <ul><li>“ Hi Max: Thank you so much for inviting me up to the bootcamp last weekend. I consider it a real privilege. I admire you so much for organizing and sharing all of your valuable knowledge and experience with others, and am proud that you have caught the national spotlight, esp. in these troubled economic times! I hope we can make a difference.” </li></ul><ul><li>-Vera Goudes </li></ul>
  104. 104. Before Boot Camp <ul><li>Max: </li></ul><ul><li>I don't know if you recall, but I was very close to getting out of the bankruptcy business before I went to Bootcamp. After Bootcamp, I was revitalized and knew that I couldn't get out because of what I had seen and was seeing, things I knew were wrong, but that I didn't know how to handle. </li></ul><ul><li>Taking the plunge was a little scary at first, but I cannot imagine practicing law the old way, like a bird with his head stuck in the sand. </li></ul><ul><li>Carmen Delutri </li></ul>
  105. 105. Constantly Amazed <ul><li>When mortgage servicing abuses came to the forefront I went to boot camp and became re-energized to help my clients. In the last 3 years I have brought in $370,000.00 in judgments and settlements for my clients. I am not a high volume filer and only file about 10 petitions per month but I am constantly amazed at how these creditors keep screwing up. Max is truly an inspiration and without his guidance I wouldn't have even started.............or have known where to start. I am filing my first Mortgage Servicing AP against HSBC in the coming weeks and am excited about the prospect of filing many more. </li></ul><ul><li>Thanks Max </li></ul><ul><li>-Paul A. LaRoche, Esq. </li></ul>
  106. 106. “ Removing the Monotony of the Court” <ul><li>This year we have filed over 200 AP cases. 80% have settled. Attorney fees exceed $250k. I’m now 15 months post bootcamp and each month I see more and more violations. In the beginning, the judges frowned against us. One judge in particular had the opening statement &quot;Mr. Doan, is this a test case?&quot; every time we went before him. Now the latest hearsay from one of the toughest judges is &quot;keep watching, these are very interesting issues Mr. Doan is bringing and removes the monotony of the court.“ -Michael Doan </li></ul>
  107. 107. New Confidence <ul><li>Ok, my first success story...before bootcamp, I had a case already in the works but the confidence I felt coming home really made the deal happen; In short, the mortgage company reduced the original default demand by $43k; did a loan modification for debtors and we signed an settlement agreement with no confidentiality clause...When I came back from bootcamp, I simply drafted the settlement agreement and sent it out and did not even waiver on anything I wanted in the agreement. I know I left a lot on the table in this case (not so in the future) but at this point, the case has been going on 2 years and clients were thrilled. </li></ul><ul><li>- Letty Evans </li></ul>
  108. 108. The Cat is Out of the Bag <ul><li>The Boot Camps and what the Campers have been able to do has been the most rewarding experience of my legal career. And, it is not just the Boot Campers but the other lawyers who are learning from the Boot Campers. The creditors know who we are and what we know and what we can do with that knowledge. I especially liked the post on the USFN web page that stated: &quot;Well, the cat is out of the bag. Max Gardner has told hundreds of lawyers about the Pooling and Servicing Agreements. We cannot hide between the confidentiality and relevance defenses anymore.“ I, for one, do not think there is much room for any hiding from anything. </li></ul><ul><li>- O. Max Gardner III </li></ul>
  109. 109. Leader of the Band <ul><li>“ Max, You ARE the leader of our band. The boot campers have made a lot of money. More importantly, they have made a big difference in the lives of clients who would otherwise fall prey to the thievery of the mortgage companies. Even more important, because of you, the climate has started to change. Judges in this area no longer accept everything the mortgage companies say as true. And the judges are showing me a lot more respect, in relation to the other attorneys in the Western District of Pennsylvania. You have made a tremendous difference in the lives of thousands of clients across the country.” -Mary Wheeler </li></ul>
  110. 110. Upon Receiving Vern Countryman Award <ul><li>When I see the brilliance, courage, and creativity of lawyers like you I am humbled and reminded of how little I have actually accomplished. You continue to inspire and empower so many lawyers around the country to do such critically important work. But I do take a big and undeserved measure of pleasure in being a very small part of this effort. </li></ul><ul><li>Mal Maynard, Vern Countryman Award Winner 2007 </li></ul>
  111. 111. Wall Street’s Crimes & Misdemeanors <ul><li>“ The lending/banking/mortgage/investment industry has undermined the heart and soul of what I was taught about the virtues of American society - that fair-dealing and hard work will carry the day. Back in the day I naively thought we needed another Revolution. Now the reality is - we need another Revolution. Maybe it has started on a hill in North Carolina - aided and abetted I hope by some of my fellow Buckeye judges. I wish I had started my law career 20 years earlier.” - John McHenry </li></ul>
  112. 112. Cockroaches! <ul><li>I think when all of it comes out Max will be right that the amount of fraud in the BK system done by debtors will pale in comparison to the amount of fraud that the creditors themselves have committed against the debtors and their fellow creditors-----and they have gotten by with it because they have been well respected members of the financial community and the bar, and no one even thought for a minute that these well respected folks would pull such stunts so when we kept saying it was widespread the judges ignored us. Now they are running like the cockroaches they are when the courts shine the light under the rocks. Thank you Max for keeping up the pressure on the system to take action---it's beginning to work. </li></ul><ul><li>-Kathy Cruz </li></ul>
  113. 113. The Gift <ul><li>Max: You give us all something everyday - KNOWELDGE and POWER, which has value beyond anything material. </li></ul><ul><li>- Bill Mackin </li></ul>
  114. 114. Settlement <ul><li>“ As I near the 1st anniversary of my post-bootcamp legal career, I just settled the first FDCPA/362/discharge injunction adversary I filed against Bill Me Later for $4,000. The case was in the very early stages and the clients are thrilled. I cannot wait to present them with a color photocopy of the settlement check so they can spread the word. ” </li></ul><ul><li>- Stephen G. Doherty </li></ul>
  115. 115. Collector Caved Like a California Sink Hole <ul><li>I just settled MY first FDCPA for $2,400. Gave my client a check this morning. The debtor collector caved in like a California sink-hole. I love it when the haughty ones fold. Thanks as always, Max. </li></ul><ul><li>-Joe Albanese </li></ul>
  116. 116. Thank You <ul><li>Thank you for everything you do for us and your dedication to helping make the world a better place. </li></ul><ul><li>- Lynn Drysdale </li></ul>
  117. 117. We Are at War with the Creditors <ul><li>If you are able, appear unable, </li></ul><ul><li>If you are strong, appear weak; </li></ul><ul><li>If you are near, appear far; </li></ul><ul><li>If you are far, appear near; </li></ul><ul><li>If the enemy has the advantage, entice him; </li></ul><ul><li>If the enemy is confused, attack him; </li></ul><ul><li>If the enemy is substantial, prepare for him; </li></ul><ul><li>If the enemy is angry, irritate him; </li></ul><ul><li>If the enemy is relaxed, harass him; </li></ul><ul><li>If the enemy is united, divide him. </li></ul><ul><li>O. Max Gardner III </li></ul>
  118. 118. my boot camp update 1year and 1 month hence <ul><li>Dear all, </li></ul><ul><li>I just settled my 31st A.P. and have now collected over $120,000 in total fees from those rat bastards. I have also just found a new Indiana law that provides for 2 times the total finance charge, charged on a mortgage loan once they violate the statute. Oh, and they all violate the law with almost every reaff! </li></ul><ul><li>2008 is going to be a good year for the good guys. </li></ul><ul><li>Mark Zuckerberg </li></ul>
  119. 119. Passing it Forward <ul><li>Dear Max and Vickie: </li></ul><ul><li>I cannot begin to express my appreciation for the anonymous donor and your belief in my efforts trying to help my financially-stressed clients. I don't mean to be mushy or overly-sentimental but you will never know the depth of my gratitude during one of the lowest points of my life. Today, I just found out that a referral to a civil attorney (the date of incident occurring AFTER the date of my filing :->) may settle within a few months and he is already discussing settlement with opposing counsel. As soon as I get my fees, I would like to pass on the anonymous gift of $500 to another special-situation bootcamper, in memory of the dreams of your Max. May God continue to bless you as those whom you help pass it forward . . . exponentially. </li></ul><ul><li>- Debbie Mack </li></ul>
  120. 120. Three Weeks Post Boot Camp <ul><li>“ The Court found the creditor violated the automatic stay by settling a pre-petition judgment with the debtor post-petition. The creditor insisted that it was a voluntary settlement and therefore, not a violation of the stay (despite the fact that inquiries to the debtor's credit report clearly indicated and noticed creditor of the bankruptcy). Although I do not agree with the entire reasoning it is a win and I will take it. If we had lost this $10k the case would have tanked. So the money will go to the trustee and the case will go on and our fees are paid.” </li></ul><ul><li>Ginny Fortunato </li></ul>
  121. 121. Putting the Education to Good Use <ul><li>I cannot say, in just a few words, how WONDERFUL you (everyone) was and what an enjoyable (yet exhaustive) experience the boot camp was for me. Thank you, thank you, thank you!!! I’m already putting some of the “education” to good use. I don’t think I need a “new” client for years with all the past client “abuses” I’m already finding. </li></ul><ul><li>- Kimberly Gilbert </li></ul>
  122. 122. Implementing the BLM <ul><li>I must tell you, I've never felt so good about feeling so drained. I certainly appreciate all the time and effort that you put in to help us. Kinda rare in this day and age. We've been altering course at the office to implement the litigation model. Trying hard not to be overwhelmed. </li></ul><ul><ul><ul><ul><ul><li>- Ron Allen </li></ul></ul></ul></ul></ul>
  123. 123. Random Airplane Musings About Max Gardner’s Bankruptcy Boot Camp By Bill Penktheman <ul><li>Four days of legal “connect-a-dot.” </li></ul><ul><li>Boots not required -- no “forward flow” of B.S. </li></ul><ul><li>To Chapter 13 creditors, Max shall henceforth be known as O. “Shidditz” Max Gardner. (Long Beach boys, is that Yiddish or Hebrew?) </li></ul><ul><li>What part of “stay” or “discharge” don’t you understand? </li></ul><ul><li>Bankruptcy Court a/k/a “Wounded Knee.” </li></ul>
  124. 124. Random Airplane Musings by Bill Penktheman Cont. <ul><li>Securitization is a “scam” and the USA is the “pigeon.” -- Tony Soprano </li></ul><ul><li>Mortgage Lenders, Securitizers and Servicers are the true “axis of evil.” </li></ul><ul><li>Debt collectors are like fruit flies—they are irritating but they can’t bite and they are easily squished. </li></ul><ul><li>The death of bankruptcy practice after reform was much exaggerated. </li></ul>
  125. 125. Making a Difference Every Day <ul><li>We are making a difference every single day throughout America. It is this type of systemic change that gets me fired up every single day. It is the volume of daily reports from my Troops that keeps my motor running in high gear. And, this is the same thing that should do the same for you. We have protracted and difficult struggle ahead of us with many large and small battles ahead. But, as Coach Jimmy V said, &quot;we will never give up, we will never give in, we will never quit, and we are not going away.&quot; </li></ul><ul><li>O. Max Gardner, III </li></ul>
  126. 126. The BLM System is Revolutionizing My Practice <ul><li>Max: </li></ul><ul><li>It has been just about a week since I left boot camp and the enormity of what I learned is finally starting to hit me. I really can't express my gratitude for what you have taught me, and for what you do for all of us by sharing this information and your system. Absolutely amazing. The BLM system is revolutionizing my practice and will provide my clients and others in this district with a level of representation they haven't even dreamed of! </li></ul><ul><ul><ul><ul><ul><li>- Tara E. Gaschler </li></ul></ul></ul></ul></ul>
  127. 127. Heroes are certainly talked about. But legends live forever. You continue to live up to your legend. Thanks Max. -David Lozano
  128. 128. Thanks Max! <ul><li>“ Max....I just want to thank you for helping me work through my issue on filing the tardy Motion to Extend the Automatic....Everything worked out fine...Its amazing what happens when you file a 100% plan!! Sincerely, ....I read your posts every day and you always seems to be able to address everyone's questions in a precise and timely way....thanks for your service to this listserve....” </li></ul><ul><li>-Julie O'Bryan </li></ul>
  129. 129. “The Book of Max” <ul><li>I want to extend my sincere thanks for the wonderful program which you presented. While not a neophyte to litigation, I am quite new to such in the bankruptcy arena. After soaking in what you presented I realized that there was no opportunity to expand my practice in that direction given the case load which I have been carrying. I left NC with such enthusiasm that I decided to hire an associate. With his help I am looking forward to expanding my horizons and bringing a new level of representation to our bankruptcy clients! BTW, the manuals are getting good use and are now referred to by the paralegals as “The Book of Max”! </li></ul><ul><li>John B. LaRue </li></ul>
  130. 130. My Entire Practice Has Changed <ul><li>“ I have to tell you that my entire practice has changed since going to Bootcamp, and I'm very lucky to have a law firm that supports me, and will open any door they can for me that I'm willing to walk through. I'm very blessed to have the benefit of your experience, and the opportunity to put it in to practice.” </li></ul><ul><li>-Annabelle L. Patterson </li></ul>
  131. 131. Settlement Good for Pattern and Practice in SC <ul><li>Well, we have reached a settlement agreement with Chase on the Matlock case (my first adversary). I couldn't get them to agree to incorporate the terms of the settlement agreement into the consent order dismissing the case, but I did get them to back off from their confidentiality clause, so I can publish the agreement and order once it is all signed. Basically, they agreed to pay $5,000 plus forgive about $10,000 in debt by providing a lien free title on a 2004 Chevy Malibu, which is worth about $9,000 according to NADA retail at this time. My client is happy, but I still think this was a five figure case. Not bad for a start I guess. Most importantly, this is the first case on record in SC where Chase has either settled or lost a stay or discharge violation action, so it is good for pattern and practice evidence. </li></ul><ul><li>- John Cantrell </li></ul>
  132. 132. Thanks for Your Help, Max <ul><li>In trickle down economics, you have already gone to heaven a dozen times over merely for helping my clients that come in completely desperate. Cancer, deaths, unemployment, medical, disability, divorce. Really bad stuff: 11 year old son with malignant brain tumor I’m filing motion to dismiss on foreclosure case; 16 year old son just died that was not supposed to live past 5 yrs, military husband with PTSD acting stupid but proud father of 2; doormat wife hoping that husband will quit abusing her when financial pressures minimize, … </li></ul><ul><li>-Debbie Mack </li></ul>
  133. 133. Boot Camper’s Report <ul><li>“ Wiped out my 4th mortgage today since Bootcamp and got a little bit of fees for it (not much time in it, they caved before an answer was filed). Terms are secret, but I just wanted to say, ‘I love you Max!’” </li></ul><ul><li>-Joel G. Hargis </li></ul>
  134. 134. More Camper Settlements <ul><li>I just settled my first post-Boot Camp adversary proceeding and it was extremely satisfying. My client and I both got paid and the defendant, a debt settlement company, folded quicker than Superman on laundry day before their answer was even due. My client was ecstatic to get her check for close to $5,000.00 - it paid for her bankruptcy case, got back all of the money she had paid to the defendant pre-petition, and gave her a bonus of $1,000.00. Another pending adversary proceeding will also settle this week. The legal fees from these 2 cases alone will more than cover the entire cost of attending Boot Camp (including tuition and airfare). I also have other pending cases to pursue following the Bankruptcy Litigation Model, with more to come and no end in sight, all in less than 5 months after graduation. I just can't thank you enough for the tools, the confidence and the ongoing support of the Boot Camp listserve Max. </li></ul><ul><ul><ul><ul><ul><li>- Bill Mackin </li></ul></ul></ul></ul></ul>
  135. 135. Testimonial from Carmen Dellutri <ul><li>As a consumer bankruptcy attorney dedicated to protecting my clients’ legal rights, I deal with these issues on a daily basis. I was asking Max for the boot-camp long before he ever announced one. I was in the original class and have never looked back. Max's knowledge and accomplishments in this area are unsurpassed. I learned more about mortgage servicing at the boot-camp than I ever could have on my own on a case by case basis. The army of attorneys is growing with each and every boot-camp. Unfortunately, there are not enough attorneys doing this type of work yet. The other day our Bankruptcy Judge asked me: &quot;Why does it seem that the mortgage servicers and companies are only picking on your clients?&quot; I responded that the mortgage companies are not only trying to take advantage of my clients, it's just that I am the only one doing something about it. </li></ul>
  136. 136. Testimonial from Carmen Dellutri Cont. <ul><li>I owe all of my results to Max and the other boot-campers who are fighting this fight in courtrooms around the country. We are increasing awareness of this epidemic that has gone on for far too long. Each and every day, all boot-camp graduates are protecting our clients and their discharges. If the mortgage industry does not like the current state of this issue, the simple solution is to stop ripping homeowners off. If the mortgage companies just followed the law, Max would have to shut down the boot-camp. Unfortunately, there is too much money to be made in illegal fees and costs. Money is the real issue here. A year ago, a boot-camper was like an annoying bug that wouldn't leave a servicer alone, but the growing swarm of boot-campers is starting to hit the mortgage servicers and companies in the wallet, and they don't like it. We are now sharing information and discovery. My hat is off to Max Gardner and my brother and sister boot-campers who are out there fighting the good fight. Max works tirelessly to educate us in our fights and together we are going to win this battle one client at a time. </li></ul><ul><li>Carmen Dellutri </li></ul>
  137. 137. Credits <ul><li>O. Max Gardner III, Esq., Originator </li></ul><ul><li>William S. Gardner, Esq. </li></ul><ul><li>Kevin Byers, CPA </li></ul><ul><li>Brad Botes, Esq. </li></ul><ul><li>Victoria Gardner, Planning & Decorations & Food Services </li></ul><ul><li>Nancy Harwell, Director of Guest Relations </li></ul><ul><li>Lesley Bliss, Office Manager, Law Offices of O. Max Gardner, III </li></ul><ul><li>Jim Walter, Charlotte Copy Data, Systems Coordinator </li></ul><ul><li>Casey Hopper, Work Flow Training </li></ul><ul><li>Michelle Gillis, Work Flow Training </li></ul><ul><li>Charles Davis, Jr., Director of Maintenance </li></ul><ul><li>Charles Davis, Sr., Assistant Director of Maintenance </li></ul><ul><li>Brandon Davis, Maintenance Assistant </li></ul><ul><li>Geraldine Young, Room & Bath Maintenance </li></ul><ul><li>John McKinney, Grounds Keeper </li></ul>
  138. 138. Contact Information <ul><li>Max Gardner …………………….. 704.418.2628 </li></ul><ul><li>Vickie Gardner ………………...… 704.418.2543 </li></ul><ul><li>Lesley Bliss ……………………….704.692-6492 </li></ul><ul><li>Charles Davis ……………………. 704.418.2341 </li></ul><ul><li>Main House ………………………. 704.538.8506 </li></ul><ul><li>River Cabin ………………………..704.538.0354 </li></ul><ul><li>Guest Cottage …………………… 704.538.6062 </li></ul>
  139. 139. <ul><li>Post Office Box 177 </li></ul><ul><li>Casar, North Carolina 28020 </li></ul><ul><li>Voice: (704) 418-2628 </li></ul><ul><li>Facsimile: (888) 870-1647 </li></ul><ul><li>Email: maxgardner@maxgardner.com </li></ul><ul><li>Website: maxbankruptcybootcamp.com </li></ul>

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