Rob Mays is a member of The Van Winkle Law Firm’s Creditors’ Rights, Bankruptcy, and Litigation practices. His practice in recent years has focused on contested commercial collection matters and bankruptcies, including adversary proceedings, preference and fraudulent transfer litigation, receiverships, and lender-liability claims under the Fair Debt Collection Practices Act and other laws. In addition to banks and other lenders, he represents suppliers and construction trades with collection and lien enforcement, and as creditors in bankruptcies. Rob has a particular interest in North Carolina’s little-understood pre-judgment and post-judgment collection procedures, including pre-judgment attachment and garnishment, asset discovery, foreclosure of judgment liens, and charging orders. He has served on the Bankruptcy Council of the North Carolina Bar Association, and was named to Business North Carolina’s “Legal Elite” for Bankruptcy (2018).

In addition to his creditors’ rights work, Rob has successfully litigated a wide array of complex matters in state and federal courts, including cases involving the False Claims Act, federal food and drug laws, tax liabilities, construction disputes, and claims of employment discrimination and unfair and deceptive trade practices.

Prior to joining the firm in 2010, Rob practiced in the Washington, D.C., office of an international firm, where he represented multi-national corporations in high-profile criminal and civil matters. Rob started his legal career as a clerk for the Hon. Gerald B. Tjoflat, U.S. Court of Appeals for the Eleventh Circuit.

 

Recent Practice Highlights

  • Successfully argued United Community Bank (Georgia) v. Wolfe, 369 N.C. 555, 799 S.E.2d 269 (2017) to the North Carolina Supreme Court.
  • Led several successful multi-state efforts to collect judgments against high-value individuals.
  • Represented a private equity group in efficiently liquidating major assets of a failed bank in western North Carolina.
  • Represented an international corporation in litigation against authorities from multiple states regarding alleged liability for unemployment taxes.
  • Successfully defended an employment-discrimination suit in the Middle District of North Carolina.
  • Defended a multinational pharmaceutical company against qui tam claims under the federal False Claims Act.

Education

  • Duke University, Juris Doctor, cum laude, 2004, Master of Arts Degree in Public Policy, 2004
  • Hendrix College, Bachelor’s Degree, with distinction, 2000

Professional Affiliations

  • 28th Judicial District Bar
  • American Bar Association
  • North Carolina Bar Association
  • North Carolina Creditors Bar Association
  • North Carolina State Bar
  • District of Columbia Bar

Awards and Honors

  • Duke University School of Law, “Outstanding Achievement Award” Property Law, 2004.
  • Editor-in-Chief, Law & Contemporary Problems, 2003-2004.
  • Business North Carolina "Legal Elite", Bankruptcy, 2018.

Community Involvement

  • Leadership Asheville
  • “Parent Champion” 2015, Asheville City Schools Foundation
Rob grew up on a blueberry farm in the Ozark Mountains. He met his wife, Katie, while in law school, and they have three boys. Together, the family enjoys live music, working in and around their home in Asheville’s Montford Historic District, and exploring the Blue Ridge Mountains. Rob has an identical twin brother, Rhett, who is a physician at a local hospital.
  • Favorite Food: Muscadines (Rob claims to have proven that there is no toxic oral dose of muscadines)
  • Favorite Artist: His brother, B. Ryan Mays, a sculptor
  • Favorite Book: “Little Big Man”
  • Favorite Music: Hayes Carll, a college friend