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Hermann Bauer is a partner in the O’Neill & Borges Litigation Department. Mr. Bauer has developed significant experience in bankruptcy and creditor’s rights. Mr. Bauer 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 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. Mr. Bauer has also developed substantial experience representing Puerto Rico’s leading institutional lenders in negotiating significant loan restructuring and work-outs of both commercial and construction loans, including participated and non participated loans.
In addition, Mr. Bauer 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 claims under the RICO Act, 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 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.
In addition to the foregoing, Mr. Bauer serves as an adjunct professor of Bankruptcy Law for the University of Puerto Rico’s Law School. |