David P. Freedman

David Freedman is Senior Counsel in the Litigation Department. He joined O’Neill & Borges in 1973. For over thirty years, David has devoted his practice to representing creditors and trustees in bankruptcy cases and other business litigation including RICO, and appeals emphasizing jurisdictional issues arising under the bankruptcy laws and other federal statutes. David has served on the Puerto Rico Bar Association’s tax reform and bankruptcy law and procedure committees. In addition, he served on the Local Bankruptcy Rules Committee of the U.S. Bankruptcy Court, District of Puerto Rico. He is also a member of the American Bankruptcy Institute and Federal Bar Association. David serves as Chair of the Inter-American Bar Association’s Committee on Commercial, Banking, and Securities Law. He has also served on continuing legal education panels sponsored by various organizations.

Representative reported cases:

  • In re Colonial Mortgage Bankers Corp., 128 B.R. 21 (D.P.R. 1991), aff’d 971 F. 2d. 744 (1st. Cir. 1992) (sustaining injunction in bankruptcy trustee’s favor and denying offset of claims; 228 B.R. 516 (1st. B.A.P. 1999) (reversing bankruptcy judge’s dismissal of RICO claims); 2001 U.S. App. LEXIS 22954 (!st Cir. 2001) (affirming $7 million RICO judgment in favor of bankruptcy trustee);
  • In re El Comandante Management Co., 388 B.R. 469 (D.P.R. 2008) (post-confirmation trustee’s complaint for avoidance, met requirements of Bell Atlantic Corp. v. Twombly);
  • C&A S.E. v. Puerto Rico Solid Waste Management Authority, 369 B.R. 87 (D.P.R. 2007) (affirming on basis of mandatory abstention, remand of local court action to vacate construction contract arbitration award, following removal into bankruptcy case);
  • In re Hidalgo Industries Inc., 35 B.R. 804 (Bankr. P.R. 1983) (invalidating “Emergency Rule” promulgated prior to 1984 amendments to the Bankruptcy Code);
  • Garcia-Quintero v. Commonwealth of Puerto Rico, 111 F.3d 122, 1997 WL 157744, (1st. Cir. 1997) (secured creditor prevailed over state’s seizure based on borrower’s alleged violations of state anti-racketeering statute);
  • Westernbank Puerto Rico v. Kachkar, 2009 WL 6337949 (D.P.R. 2009) (dismissal of $1 billion lender liability counterclaim);
  • Esso Standard Oil Co. (Puerto Rico) v. Rodriguez-Perez, 455 F.3d 1 (1st. Cir. 2006) cert. denied, 546 U.S. 1113 (2007) (affirming dismissal of service station operator’s $29 million state law counterclaim despite termination of CERCLA claim under Aviall doctrine);
  • Brightpoint North America L.P. v. Acosta, 2010 WL 891635 (D.P.R. 2010) (exequatur in federal diversity jurisdiction, upon Indiana state court judgment);
  • United Structures of America v. GRG Engineering S.E., 927 F. Supp. 556 (D.P.R. 1996) (summary judgment for second-tier contractor on Miller Act claim, following remand after Court of Appeals rejected Avanti doctrine, 9 F. 3d. 996 (1st Cir. 1993);
  • In re Builders Group & Development Corp., 2013 WL 6198203 (Bankr. P.R. 2013) (relief from stay in shopping center owner’s chapter 11 case).

Education

  • Wesleyan University, B.A., 1969
  • New York University, J.D., 1973

Bar Admissions

  • Puerto Rico
  • New York
  • Florida
  • Georgia
  • U.S. District Court for the District of Puerto Rico
  • U.S. Court of Appeals for the First Circuit
  • U.S. Supreme Court