Profile

Brian Darer has successfully represented creditors in hundreds of bankruptcies, foreclosures and workouts. He has more than 15 years of experience litigating in federal and state courts, as well as arbitration, mediation and other forms of alternative dispute resolution. Mr. Darer’s clients include Fortune 500 companies, national, regional and community banks, nontraditional lenders, finance companies and lessors.

Mr. Darer is also a successful advocate for construction industry professionals, including owners, contractors, architects and engineers, on all aspects of a project such as contract negotiation, litigation and arbitration.

Experience Highlights

• Represented a national bank in multiple bankruptcies filed by related developers and builders in North Carolina and South Carolina; successfully argued issues over the use of cash collateral generated by the sale of homes and lots, and defeated the Debtors’ challenge to the bank’s loan documents, ultimately leading to the grant of relief from the automatic stay and foreclosure of the bank’s collateral
• Successfully represented an unsecured creditors committee in a large bankruptcy filed by a technology-based company; achieved a 100% dividend payout to all unsecured creditors – an increase from an estimated 20% when the case was originally filed
• Advised various banking institutions on hundreds of out-of-court workouts obtaining favorable and timely results without the legal expenses associated with protracted court battles in state, federal and bankruptcy court
• Represented several businesses purchasing the assets of a bankrupt entity through a § 363 sale; negotiated and drafted an asset purchase agreement and represented the client in bankruptcy court seeking approval of the sale
• Successfully represented a regional bank on an appeal from an order of the bankruptcy court confirming a debtor’s Chapter 11 Plan of Reorganization; successfully represented the bank on appeal, resulting in a reversal of the order confirming the Plan
• Defended an international engineering company in a large construction dispute concerning delay claims in connection with the construction of a bridge – claims against the client alleged that design defects caused delays and cost overruns; successfully resolved the matter on terms favorable to the client

News

• Forty-Four Parker Poe Attorneys Named 2013 NC Super Lawyers
  January 18, 2013
• Chambers USA 2012 Ranks Parker Poe as Leading Law Firm
  June 7, 2012
• Forty-Two Parker Poe Attorneys Named as 2012 NC Super Lawyers
  January 20, 2012
• Chambers USA 2011 Ranks Parker Poe as Leading Law Firm
  June 10, 2011
• Thirty-Seven Parker Poe Attorneys Named NC Super Lawyers for 2011
  January 25, 2011
• Business North Carolina Names 13 Attorneys to 2011 Legal Elite
  Firm Partner Catharine Biggs Arrowood “Top Vote-Getter” for Antitrust
  January 21, 2011
• Chambers USA 2010 Ranks Parker Poe as Leading Law Firm
  June 11, 2010
• Law & Politics Names 36 Parker Poe Attorneys as Super Lawyers
  January 28, 2010
• Twelve Parker Poe Attorneys Among "Legal Elite" for 2010
  January 4, 2010
• Forty-Six Attorneys Named Super Lawyers
  January 26, 2009
• Darer Honored as "Citizen Lawyer" by NC Bar Association
  June 25, 2007
• Parker Poe Names New Partners
  January 20, 2006
• Federal Tax Liens / Tenancy by the Entireties
  Bankruptcy Alert
  July 3, 2002
• Understanding “Preferences” - Can Your Bankrupt Customer Recover Payments Made to You?
  February 18, 2002

Publications

Co-Author, Chapter XVIII of the North Carolina Bankruptcy Manual, Seventh Ed. (2012) – Chapter 11 Reorganization

Co-Author, Chapter XVIII of the North Carolina Bankruptcy Manual, Sixth Ed. (2007) – Chapter 11 Reorganization

“Construction Management Comes to Public Work,” Triangle Business Journal, March 15, 2002