By Tom Jarvis
On August 11, Judge Bruce Harwood, the esteemed Chief Judge of the US Bankruptcy Court for the District of New Hampshire, retired after a distinguished career marked by fairness, integrity, and dedication to the law. His retirement was celebrated on August 29 at the DoubleTree Hilton in Manchester, where colleagues, friends, and family gathered to honor his exceptional service.
Career Beginnings
Judge Harwood’s journey to the bench began with his graduation from Northwestern University in 1978 with a degree in political science, followed by a law degree from Washington University School of Law in 1981.
Initially uncertain about his career path, he found his niche in bankruptcy law serendipitously upon joining a Chicago law firm specializing in Chapter 11 reorganizations. This was at the dawn of the new Bankruptcy Code – enacted in 1978 and effective in 1979 – which was revolutionizing the field.
“At the time, a lot of lawyers saw that as an opportunity to enter bankruptcy work at the ground level,” Judge Harwood recalls. “It just so happened the day I walked in the door, the firm had just filed a Chapter 11 case for a company that owned eight franchised McDonald’s restaurants that McDonald’s Corporation wanted to terminate, and I was assigned to work on what quickly became a ‘David versus Goliath’ case. That’s how I started to learn about the bankruptcy reorganization world.”
In 1987, Judge Harwood moved to New Hampshire and joined Sheehan, Phinney, Bass & Green, where he spent 25 years honing his expertise. During that time, he also chaired the firm’s Bankruptcy, Insolvency, and Creditors’ Rights Group.
Judicial Tenure
Despite his professional success, Judge Harwood always harbored a desire to serve as a judge.
“It seemed like a more comfortable fit to my natural temperament than being a lawyer,” he says. “I like hearing all sides of an issue and making decisions based on what I feel is the ‘right’ outcome overall, rather than being limited to advocating for my client’s position. I like being balanced and giving people the opportunity to be heard, win or lose. It was important to me to make sure that everybody felt like they had been heard.”
His aspiration came to fruition in 2012, when Chief Bankruptcy Judge J. Michael Deasy announced his retirement.
Judge Jeffrey Howard, who was Chief Judge of the Circuit Court of Appeals at the time, chaired a selection committee – including then-Chief District Judge Joseph Laplante, Daniel Sklar, Peter Tamposi, and Eleanor Dahar – to find Judge Deasy’s successor.
“In the search process, [Judge Harwood] interviewed spectacularly,” says Judge Howard. “He came across as a person of great intelligence, depth, and experience, but with a clear and obvious side of compassion and empathy. Frankly, his legacy is very secure as one of the finest bankruptcy judges I have run across. He is someone who understands that those who have fallen on hard times do need a compassionate hand, but also someone who applies the law firmly and fairly. He’s a very sweet man, but a formidable legal talent, and you don’t often see those two qualities in combination.”
Judge Harwood recalls that when he first sat on the bench, he found the perspective of the courtroom to be disorienting.
“It’s totally different from sitting at the lawyers’ tables where you’re all side-by-side in the same parallel plane and you feel close to each other,” he says. “At first, it felt like I was looking through the wrong end of binoculars – everybody just seemed so far away. It took an adjustment to not feel that that was strange. Another odd aspect is I really don’t like being the center of attention. So, it was ironic that I wound up in a job where the architecture of the room in which I work is designed to make me the center of attention.”
Off the bench, Judge Harwood is a Fellow in the American College of Bankruptcy and has been deeply involved with the American Bankruptcy Institute (ABI), including serving on its Civility Task Force.
Retirement Celebration
Judge Harwood’s retirement reception was a memorable blend of joy, humor, emotion, and deep respect, reflecting the profound impact he has had on those around him.
The event featured heartfelt tributes from notable speakers, including Attorney Christopher Candon, US Circuit Court Judge Seth Aframe, US District Court Chief Judge Landya McCafferty, retired Massachusetts Bankruptcy Court Judge Joan Feeney, and ABI Chief Operating Officer Karim Guirguis.
One common theme was how his colleagues would miss the banana chocolate chip muffins he regularly baked for everyone at the courthouse.
A particularly touching and humorous highlight was a video in which some of Judge Harwood’s California family staged a mock hearing declaring him the world’s best bankruptcy judge. District of New Hampshire Court Security Officer (CSO) Pierre Pouliot also entertained the attendees with a comedic routine and playful roast, concluding with the presentation of an official CSO uniform keepsake to Judge Harwood.
“Since the day the Circuit appointed him, Bruce has served with distinction,” Chief Judge McCafferty said. “He was a brilliant lawyer and judge. He has a national reputation as an expert in commercial and bankruptcy law.”
She also recounted the story of how she met Judge Harwood.
“I was his client about 20 years ago,” she shared. “At the time, I was disciplinary counsel for the State of New Hampshire. I had prosecuted a lawyer for ethics violations, and as part of his discipline, the New Hampshire Supreme Court ordered him to repay my office for the cost of disbarring him. He then filed for bankruptcy and listed that fine as a dischargeable debt. My office disagreed with that. At the time, Meg Nelson was the chair of the Professional Conduct Committee. I boldly told her I wanted to hire the best bankruptcy lawyer in the state. She said, ‘you want someone the caliber of Bruce Harwood’…Thus began a long and warm friendship.”
Judge Harwood’s tenure as Chief Judge was notable for his adept handling of significant challenges, including the co-location of court units and the adaptation to remote operations during the COVID-19 pandemic.
“Bruce became the New Hampshire bankruptcy judge just as the National Judiciary was calling on separate court units to either merge or increase their level of what they call shared services,” Chief Judge McCafferty said at the reception. “The bankruptcy court had to give up their space over which they had sole control and move into our space. That was a big ask. Bruce could have made that process a miserable one, but it was the opposite. Throughout, he was a gracious and kind partner, while also being fiercely protective of his staff and careful to manage the process without giving up control over the culture of his court. New Hampshire has now set the standard for the rest of the country on how to do this successfully. The National Judiciary owes both Bruce Harwood and then-Chief Judge [Joseph] Laplante the Medal of Honor for making that a success.”
A highlight of Chief Judge McCafferty’s address was when she narrated a slideshow, showing pictures of Judge Harwood and poking fun of his fashion choices through the years. She shared personal anecdotes and celebrated his achievements. She also commended him on his inspirational strength through some of his darkest days when his oldest son Alexander, nicknamed Xan, passed away from pancreatic cancer in 2019.
Her final slide showed a meteor shower, and she explained how on August 11, the night Judge Harwood (an amateur astronomer) retired, New Hampshire experienced a remarkable Perseid meteor shower. She described it as celestial fireworks, suggesting it was not a coincidence but God giving him the perfect sendoff for his retirement.
Attorney Christopher Candon, who worked with Harwood when he was a lawyer at Sheehan Phinney, lauded him for his tenure on the bench.
“Judge Harwood is a nationally recognized bankruptcy judge who brought distinction to and continued the tradition of preeminent jurists in New Hampshire,” says Candon. “During his tenure, he seamlessly oversaw the move of the court to its present location in Concord, and navigated and kept the court safe and open through the pandemic, all the while managing a challenging caseload. His intellectual curiosity, scholarly approach, and command of the law were only overshadowed by his kind and respectful nature. We were very lucky to have him serve in New Hampshire.”
As the reception concluded, Judge Harwood took the podium with some moving remarks.
“I am full of gratitude,” he said. “This is a truly collegial bunch of folks, and I will miss all of you. I’ve loved being a bankruptcy judge and I also got to sit on the bankruptcy appellate panel – it gives you a whole different perspective on all the mistakes bankruptcy judges can make. It’s been a high privilege to have this job and to serve the public and the Bar and to serve with all the other members of the court.”
Through tears, he thanked his colleagues who helped him through the death of his son.
“I owe everybody here a debt of gratitude for all you did during that time,” he said. “Thank you for the privilege of having what is truly the best job in the world. I leave a big part of my heart here. This job was truly one of the highest privileges I’ve ever known. Thank you all for being here tonight.”
Future Endeavors
When asked why he decided to retire two and a half years before the end of his term, Judge Harwood said, “I fell in love with and married another bankruptcy judge from San Francisco [Judge Hannah Blumenstiel]. We’ve been bicoastal for over 10 years and all my kids wound up on the West Coast and my only grandson is there. When Xan died, I learned in a difficult way that life really is short, and I just didn’t want to be so far apart from my family for another two and a half years.”
Judge Harwood continues: “It was one of the more bittersweet decisions that I think I’ve ever made. As much as I love this job and the people I work with, my compass needle pointed toward being closer to my wife and family sooner than later. I will always feel a little bit ambivalent about the decision, but I do feel that it was the right one at the right time.”
In April, Judge Harwood will become the president of the ABI.
“I’ve been involved with them for over 30 years,” he says. “I served two terms on their board and have been on their executive committee for the last four years. In April of this year, I became president-elect and next April I will be president. The year after that, I’ll be the immediate past president, and the year after that, I’ll be chairman of the board. So, suddenly I have this four-year way to stay involved in the insolvency community, working with people that I’ve come to know over the last 30 years on all things insolvency. I could not be more grateful or feel luckier to have been able to extend my insolvency career through this role.”
Though he steps down from the bench, Judge Harwood’s leadership and expertise will continue shaping the field of bankruptcy law for years to come in this new role. As New Hampshire bids farewell to Judge Harwood, his legacy of integrity, compassion, and dedication will undoubtedly continue to inspire future generations.
His successor, Judge Kimberly A. Bacher, formerly of the US Department of Justice’s Trustee Program, was appointed on August 12.