Harden, Holmes P.
Holmes Harden focuses on bankruptcy and creditors’ rights matters. Mr. Harden has extensive experience in the representation of financial institutions, including all aspects of creditor representation in connection with commercial loans, workouts and contested bankruptcy matters. He has represented banks (both in-state and out-of-state) and Fortune 500 companies in bankruptcy courts across North Carolina. He also represents large institutional lenders in complex real estate matters, asset-based financing matters and creditors’ rights litigation. Prior to joining the firm, he served as a law clerk to the Honorable Naomi E. Morris, Chief Judge of the North Carolina Court of Appeals.
Mr. Harden was among the first attorneys certified as a specialist in business and consumer bankruptcy law by the North Carolina State Bar Board of Legal Specialization. Mr. Harden also has a certification in business bankruptcy law from the American Bankruptcy Board of Specialization. He has been named to Business North Carolina magazine’s “Legal Elite” and is listed in The Best Lawyers in America as well as The Best Lawyers Consumer Guide published by the editors of Best Lawyers in America. He has also been named listed in North Carolina Super Lawyers magazine. Mr. Harden is also is a fellow of the Litigation Counsel of America.
Mr. Harden is admitted to practice in North Carolina and is a member of the Bankruptcy and Business, Banking & Commercial Law sections of the North Carolina Bar Association. He has been a member of the Panel of Chapter 7 Bankruptcy Trustees, Eastern District of North Carolina since 1983. Mr. Harden is active in the American Bankruptcy Institute, the Council of Certified Bankruptcy Specialists, the National Association of Bankruptcy Trustees, and the Turnaround Management Association.
Mr. Harden is legal counsel to the Occoneechee Council Boy Scouts of America, a member of the Occoneechee Council Executive Board, and also a former Eagle Scout. He is chairman emeritus and a past president and director of the Alzheimer’s Association of Eastern North Carolina Chapter. Mr. Harden is active in the Rotary Club of Raleigh and as a member of the Oakview Advisory Board. He is a past member of the Raleigh Historic Districts Commission and a graduate of Leadership Raleigh.
Mr. Harden earned a bachelor of arts degree, cum laude, from Davidson College and a juris doctor degree from the University of North Carolina School of Law.
Practice Achievements and Representative Cases
Representation of numerous in-state and out-of-state banks, financial institutions and Fortune 500 companies regarding bankruptcy reorganizations and liquidations, out-of-court workouts and pre-packaged plans; workouts of construction, mortgage, leveraged buyout, commercial finance, and asset-based loans; litigation of fraudulent transfer, preference and lien avoidance actions; the purchase and sale of assets form Chapter 11 debtors and in out-of-state workouts; the recovery of leased or financed property; environmental aspects of reorganizations and workouts; debtor-in-possession lending, financing, and use of cash collateral; and the recovery of rents and assumption or rejection of leases and other executory contracts
Represented the Securities Investor Protection Corporation (SIPC) in the only two stock brokerage bankruptcy ("SIPA") liquidations ever filed in North Carolina
Represented one of Eastern North Carolina's biggest residential and commercial real estate developers in its Chapter 11 bankruptcy reorganization
Ongoing representation of trustees and examiners in matters in the Eastern and Middle Districts of North Carolina including representation of one Chapter 7 Trustee for a major airline
Developed a large office and retail commercial real estate subdivision, including surveying, plats, permits, road and utilities construction and sales as Chapter 11 Trustee for the owner partnership
Management and liquidation of radio stations in four states as Chapter 11 Trustee for the owner corporation
North Carolina Bar Association (Bankruptcy Section; Business, Banking and Commercial Law Section)
American Bankruptcy Institute
National Association of Bankruptcy Trustees
Council of Certified Bankruptcy Specialists
Turnaround Management Association
Certified Specialist, Business and Consumer Bankruptcy Law (North Carolina State Board of Legal Specialization)
Certified Specialist, Business Bankruptcy Law (American Bankruptcy Board of Certification)
Panel of Chapter 7 Bankruptcy Trustees, Eastern District of North Carolina, 1983 –
B.A. Davidson College, cum laude
J.D. University of North Carolina
Financial Services, Bankruptcy & Creditors' Rights