Luis C. Marini-Biaggi is a member in the Litigation Department and practices primarily in the areas of creditors’ rights, bankruptcy, workouts and commercial litigation. Prior to joining O’Neill & Borges LLC Mr. Marini-Biaggi practiced with Shaw Pittman LLP (now Pillsbury Winthrop Shaw Pittman LLP), in Washington DC, concentrating in bankruptcy, creditors’ rights and commercial litigation, representing landlords, utilities, vendors, asset purchasers, and secured lenders in bankruptcy cases throughout New York, Delaware, Virginia, and the District of Columbia. Since joining O’Neill & Borges LLC, Mr. Marini has represented and advised financial institutions, secured and unsecured creditors on the full range of insolvency and creditor/debtor rights issues arising in workouts, reorganizations, bankruptcy proceedings, lender liability cases, foreclosure and collection actions, and commercial litigation.
Mr. Marini-Biaggi has been listed in Chambers Latin America as a leading lawyer for bankruptcy/restructuring/creditors’ rights.
In addition, Mr. Marini-Biaggi is regularly involved in bankruptcy, reorganizations, and creditors’ rights seminars and organizations in Puerto Rico. For example, Mr. Marini-Biaggi serves on the Local Bankruptcy Rule Committee of the U.S. Bankruptcy Court, District of Puerto Rico. In addition, Mr. Marini recently was a speaker at the Federal Bar Association “Emerging from Bankruptcy” seminar; the student Federal Bar Association “Overview of Chapter 11” Seminar; and has co-authored articles for the American Bankruptcy Institute’s Caribbean Insolvency Symposium in 2004 and 2007. Mr. Marini-Biaggi also regularly provides seminars on various technical bankruptcy issues to lenders and financial institutions throughout Puerto Rico.
Recent representations include, among others:
- In Westernbank Puerto Rico v. Inyx, Inc. et al, Case No. 07-01606 (USDC), Mr. Marini was counsel to Westernbank in its collection, foreclosure, and Racketeer, Influenced and Corrupt Organizations’ Act (RICO) claims of over $142 Million against various international entities, where the firm successfully obtained summary judgment in favor of Westernbank; and the related defense of lender liability claims of over $1 Billion, where the firm successfully obtained summary dismissal of such claims.
- Counsel to the secured creditor in the bankruptcy cases of Hospital Damas, Inc.; PMC Marketing Corp. (d/b/a Farmacias El Amal); El Legado de Chi Chi Rodríguez; Industrias Vasallo; Palmas del Mar Country Club, Inc.; Pulsar Puerto Rico, Inc. (d/b/a the Diamond Palace Hotel); Certenejas Corp. (various hospitality businesses); Compresores & Equipos, Inc.; Mueblerías Mendoza; AA 10,000 Corp.; Quattro Corp (d/b/a ItalCeramica); Bora Bora, Inc.; Clendo Laboratories; AAA Imports, Inc. (d/b/a Dólar y Algo Mas); and Supermercados Grande.
- Counsel to financial institutions in numerous restructurings including, among others, the successful workout and sale of Intercoffee, Inc. (d/b/a Yaucono Coffee and other coffee brands) to a sister company of Coca Cola.
- Counsel to financial institutions in numerous commercial litigation and lender liability cases, such as, among others, MMB Development, Inc. v. Westernbank Puerto Rico (USDC PR); Quattro Corp v. Banco Popular de Puerto Rico (local courts); Puerto Nuevo Cold Storage Facilities, Inc. v. Banco Popular de Puerto Rico (local courts); and Inyx v. Westernbank (USDC PR).
- Counsel to the purchaser of assets in In re Nutritional Sourcing Corp., et al. (d/b/a Pueblo Supermarket), Case No. 07-11038 (Delaware), in its successful bid for and purchase of the Pueblo International chain of supermarkets.
- Counsel to the secured creditor In re El Comandante Management Corp., et al., Case No. 04-10938, in its successful pursuit and confirmation of a competing plan of reorganization.
- Counsel to the shareholders and owners of the debtor in In re Ivyport Logistical Services, Inc., Case No. 04-07016, in their successful dismissal of an involuntary bankruptcy proceeding commenced against their company.
- Counsel to one of the largest real estate investment trusts in the U.S., as landlord in several bankruptcy cases including, among others, In re Almacenes Linda, Inc., et al., Case No. 07-00130 and In re Bithorn Travel Corp., Case No. 07-01191.
- Local Puerto Rico counsel to the secured creditor in the bankruptcy case of Caribbean Petroleum Corp. (CAPECO).
- Counsel to publicly traded financial institutions in numerous (pending) workouts, reorganizations, bankruptcy, and commercial litigation cases.
- Puerto Rico
- District of Columbia
- U.S. District Court for the District of Puerto Rico
- U.S. Bankruptcy Court for the District of Columbia
- U.S. District Court for the District of Columbia
- Eastern District Court of Virginia
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the District of Columbia
- Bankruptcy, Reorganization and Creditors’ Rights