Hermann D. Bauer-Álvarez

Hermann Bauer is a member in the Litigation Department.  He joined O‘Neill & Borges in 1998.  He has developed significant experience in bankruptcy and creditor’s rights.  Hermann’s practice includes the representation of institutional lenders, investors, funds and business enterprises in diverse matters, including bankruptcy and non-bankruptcy litigation, general business transactions with bankruptcy estates and anti-bankruptcy transactional consultation.  Hermann has also investigated and litigated multiple complex matters relating to lender liability, fraud, distress and insolvency-related issues through trial and appeal.

In addition to bankruptcy and insolvency matters, Hermann has significant experience in commercial and corporate litigation before the Puerto Rico State and United States District Court for the District of Puerto Rico, including claims under the Puerto Rico Dealer’s Act (Law 75), the Puerto Rico Sales Representatives Act (Law 21), commercial contract and trade regulation related litigation, such as claims relating to the RICO Act, bank fraud, Lanham Act and the Puerto Rico trademark statute.

In addition to the foregoing, Hermann has also served as an lecturer of Bankruptcy Law for the University of Puerto Rico’s Law School, and has served as panelist in multiple bankruptcy law seminars and symposiums.

Representative engagements:

• Mr. Bauer regularly represents Caribbean Property Group, CPG/GS PR NPL, LLC, PRLP Holdings 2011, LLC, BSLP Funding, LLC. and PR Asset Portfolio 2013-1 International, LLC in loan restructurings and in bankruptcy and commercial litigation
• 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 Encanto Restaurants, Inc. in the acquisition of the I.H.O.P . franchise in Puerto Rico.
• 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.
• 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.