Get to know Gustavo
Gustavo A. Chico-Barris is a Senior Member and Co-Chair of the firm’s Bankruptcy & Creditors’ Rights Practice Group. He is also part of the Dispute Resolution Group/Commercial Litigation Division and the Insurance Practice Group. Before joining Ferraiuoli, he served as law clerk for Chief Judge Hon. Enrique S. Lamoutte at the U.S. Bankruptcy Court for the District of Puerto Rico. He was also a partner in a boutique law firm in Puerto Rico doing corporate counseling, real estate transactions, commercial litigation and insurance practice.
Gustavo focuses his legal practice in advising and representing creditors in all aspects of Bankruptcy, including judicial proceedings in Chapter 7, 11, 12 and 13 cases, and out-of-court financial transactions and restructuring. He has gained considerable negotiation skills and ample litigation experience before federal and state trial and appellate courts, agencies and arbitration forums, on creditors’ rights and bankruptcy, commercial litigation, insurance regulation, claims under the Gramm-Leach-Bliley Act, real estate transactions, bond claims, insurance claim and fraud claims.
Gustavo serves an Adjunct Professor of bankruptcy with the University of Puerto Rico School of Law. Gustavo currently serves as an Adjunct Professor of Bankruptcy Law with the University of Puerto Rico School of Law. As a bankruptcy practitioner, Gustavo excels at finding quick and practical solutions. His experience as a professor also allows him to be thorough and intricate in complex bankruptcy disputes and contested matters.
Gustavo has served a panelist for the American Bankruptcy Institute (ABI), and as a keynote speaker for the Association of Insolvency & Plan of Reorganization Advisors (AIRA). In addition, he often lectures on varied bankruptcy topics to Puerto Rico CPAs.
Gustavo has also been recognized by Chambers & Partners (Band 3), Best Lawyers and Legal 500.
- Preserba Compañía De Desarrollos, Inc. v. Condado 2, LLC (In re Preserba Compañía De Desarrollos, Inc.), 635 B.R. 185 (B.A.P. 1st Cir. 2022) (applying the res judicata effect to stipulations in bankruptcy and explaining their repercussions, particularly in Chapter 11 cases).
- Milk Indus. Regulatory Office of the Commonwealth of P.R. v. Rosa Dairy Farm, Inc. (In re Rosa Dairy Farm, Inc.), 622 B.R. 806 (B.A.P. 1st Cir. 2020) (discussing the lease of milk quotas in bankruptcy cases).
- El Farmer, Inc. v. Commonwealth of P.R/9 693 F. Supp. 3d 202 (D.P.R. 2023) (reversing the trial court’s dismissal of an adversary proceeding complaint for impermissible deprivation of property in violation of the Taking Clauses premised on abstention).
- Vaqueria Las Martas, Inc. v. Condado 5, LLC (In re Vaqueria Las Martas, Inc.), 638 B.R. 482 (B.A.P. 1st Cir. 2022) (affirming the dismissal of a Chapter 12 bankruptcy petition for unreasonable delay).
- In re Peña, 2016 LEXIS 824, 2016 WL 1043736 (Bankr. D.P.R. 2016) (dismissal of Chapter 11 case for substantial or continuing loss and diminution of the estate).
- In re Acevedo Hernandez, 549 R. 551 (Bankr. D.P.R. 2016) (allowing for direct payments to secured creditors through a Chapter 12 Plan of Reorganization saving the expense of the trustee’s fees).
- In re Oritz Colon, 2016 LEXIS 2344, 2016 WL 3548821 (Bankr. D.P.R. 2016) (first case in the First Circuit declaring the impossibility of conversion from Chapter 12 to Chapter 11 under Section 1208(e) of the Bankruptcy Code and granting motion to dismiss).
- In re Martinez Santiago, 2015 LEXIS 3438, 2015 WL 5919926 (Bankr. D.P.R. 2015) (conversion of a Chapter 11 to Chapter 7 for substantial or continuing loss and diminution of the estate).
- Wicovitch Punta del Mar Beach Village (In re Compañía El Mueble, Inc.), Decision and Order, Adv. Proc. No. 11-00063 (SEK) ECF No. 17 (Bankr. D.P.R. 2011) (allowing a creditor to set off a debt against the trustee via counterclaim in an adversary proceeding under the doctrine of recoupment).
- Speaker, Bankruptcy Symposium sponsored by the Fideicomiso para la Escuela de Derecho de la Universidad de Puerto Rico,
- Speaker, Segundo Congreso de Seguros: Riesgos Catastróficos, Huracanes y Terremotos for the CLE Program of the School of Law at the University of Puerto Rico (UPR) 2021, Puerto Rico.
- Speaker, Bankruptcy Considerations for Non-Bankruptcy Practitioners and Notaries for the Federal Bar Association (FBA) 2021, Puerto Rico Chapter.
- Speaker, Subchapter V in the COVID-19 Era for the American Bankruptcy Institute (ABI) 2021 Caribbean Virtual Insolvency Symposium.
- Adjunct Professor, Bankruptcy Law, University of Puerto Rico School of Law (2017-2024).
- Speaker, Chapter 13 Panel for the American Bankruptcy Institute (ABI) 2016 Caribbean Insolvency Symposium, San Juan, Puerto Rico.
- Keynote Speaker, The Future of Puerto Rico for the 15th Annual Association of Insolvency & Plan of Reorganization Advisors (AIRA) 2016, New York.
- International Comparative Legal Guide to Corporate Recovery & Insolvency (Puerto Rico) published by Global Legal Group Ltd., London. (2016 and 2019).
Education
- Inter American Univ. School of Law, JD
- Tufts University, BA
- Saint John’s School, HD
Bar Admissions
- Commonwealth of Puerto Rico
- Commonwealth of Massachusetts New York
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Appeals for the First Circuit
- U.S. Bankruptcy Appellate Panel for the First Circuit
- U.S. Court of International Trade
- U.S. District Court for the District of Puerto Rico
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Eastern District of Missouri
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
Affiliations
- American Bar Association
- Federal Bar Association
- American Bankruptcy Institute
Professional Recognition
- Gustavo A. Chico-Barris has been distinguished as a Next Generation Partner by Legal 500 Latin America (2022 edition).
- Certificate of Appreciation by The World Bank Group in appreciation of contribution to Doing Business 2021.
