Hermann D. Bauer-Álvarez is a member in the O’Neill & Borges LLC Litigation Department. Mr. Bauer-Álvarez has developed significant experience in bankruptcy and creditor’s rights. Mr. Bauer-Álvarez has successfully represented Wells Fargo Bank, N.A., the indenture trustee and successful plan proponent in In re El Comandante Management Corp.; the representation of the DIP Lender and purchaser of the assets in In re Newcomm Wireless Services, Inc., the representation of Pueblo, Inc. in the acquisition of the Pueblo Supermarkets chain in In re Nutritional Sourcing Corporation, and the representation of the Puerto Rico Tourism Development Fund in the complex litigations concerning the Cayo Largo Hotel project in Fajardo, Puerto Rico. More recently, Mr. Bauer-Álvarez represented BMJ Foods Puerto Rico, Inc. in its opposition to the confirmation of a Chapter 11 Plan before the Bankruptcy Court for the District of Delaware, in the case of In re Metromedia Steakhouses Company, Inc. and Banco Popular de Puerto Rico, in its capacity as Indenture Trustee, in the bankruptcy case of bank holding company in In re R&G Financial Corp., Case No. 10-04124. Mr. Bauer-Álvarez has also developed substantial experience representing Puerto Rico’s leading institutional lenders, such as Banco Popular de Puerto Rico, Banco Santander Puerto Rico and Westernbank Puerto Rico, in negotiating significant loan restructuring and work-outs of both commercial and construction loans, including participated and non participated loans.
In addition, Mr. Bauer-Álvarez has represented principals in actions filed by Puerto Rico based distributors pursuant to the Puerto Rico Dealer’s Act (Law 75) and the Puerto Rico Sales Representatives Act (Law 21), as well as multiple commercial contract and trade regulation related litigation, such as the prosecution and defense of lender liability claims, RICO Act claims, bank fraud, Lanham Act and the Puerto Rico trademark statute. For example, in Westernbank Puerto Rico v. Inyx, Inc. et al, Case No. 07-01606 (USDC), Mr. Bauer-Álvarez represented a secured lender in its collection, foreclosure, and Racketeer, Influenced and Corrupt Organizations’ Act (RICO) claims of over $142 Million against various international entities, and currently represents Medical Card System, Inc. in multiple health law issues.
In addition to the foregoing, Mr. Bauer-Álvarez has also served as an adjunct professor of Bankruptcy Law for the University of Puerto Rico’s Law School, and has served as panelist in multiple bankruptcy law seminars and symposiums, most recently in the American Bankruptcy Institute’s Caribbean Insolvency Symposium in Grand Cayman Island, and is a member of the Advisory Board for the 2011 ABI Northeast Conference.
- Puerto Rico
- U.S. District Court for the District of Puerto Rico
- Administrative Agency Proceedings
- Antitrust and Trade Regulation
- Bankruptcy, Reorganization and Creditors’ Rights
- Distribution and Franchising Law
- Government Contracts and Procurements
- Intellectual Property