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Meet Our Professionals

Brian D. Darer

Partner
Raleigh | 919.890.4170
Fax | 919.835.4540

With more than 25 years of experience, Brian Darer has successfully represented creditors in hundreds of bankruptcies, foreclosures, and workouts. He is a North Carolina State Bar board certified specialist in business bankruptcy. He has substantial experience litigating in federal and state courts, as well as arbitration, mediation, and other forms of alternative dispute resolution.

His clients include Fortune 500 companies, national, regional and community banks, nontraditional lenders, finance companies, and lessors.

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

Representative Experience

  • Represented regional and national banks in dozens of bankruptcies and successfully argued issues involving use of cash collateral, adequate protection, and relief from stay.
  • Successfully represented an unsecured creditors committee in a large bankruptcy filed by a technology-based company; achieved a 100 percent dividend payout to all unsecured creditors – an increase from an estimated 20 percent when the case was originally filed.
  • Advised regional and national banks on hundreds of out-of-court workouts, including forbearance agreements, loan modifications, and note sales, obtaining favorable and timely results without the legal expenses associated with protracted court battles in state, federal, and bankruptcy courts.
  • Represented several businesses purchasing the assets of a bankrupt entity through a § 363 sale; negotiated and drafted asset purchase agreements and represented clients in bankruptcy court seeking approval of the sales.
  • Represented dozens of private lenders in state and federal court obtaining favorable judgments against borrowers and guarantors.
  • Oversee and manage large-scale collection work on behalf of a regional lender, successfully obtaining judgments against hundreds of borrowers.
  • Represented lenders in dozens of lawsuits to obtain the appointment of a receiver over borrowers and their assets.
  • Represented receivers in state court lawsuits to assist the receiver in complying with its legal obligations.
  • Obtained a temporary restraining order and preliminary injunction to prevent the purported general manager and operating manager of a company from acting without the consent of the majority of the company's management committee. The management dispute put at risk the ability of approximately 150 Chinese nationals to obtain permanent residence status in the U.S. through green cards.

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Honors & Awards

  • The Best Lawyers in America in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2021-2025
  • North Carolina State Bar Board Certified Specialist in Business Bankruptcy
  • Chambers USA: America’s Leading Lawyers in Bankruptcy/Restructuring, 2010-2024
  • Business North Carolina magazine’s "Legal Elite" in Bankruptcy, 2010-2011, 2014, 2019, 2022, 2025
  • North Carolina Super Lawyers, 2011-2020, 2024-2025; Rising Star, 2009-2010
  • North Carolina Bar Association "Citizen Lawyer," 2007
  • Martindale-Hubbell AV Preeminent™ in Bankruptcy; Construction Law
  • Order of the Coif
  • Virginia Law Review

Memberships

  • North Carolina Creditors Bar Association, Membership Chair, 2017
  • North Carolina Bar Association Bankruptcy Section, Former Council Member