UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

---------------------------------------------------------------------- x 

In re: : 

 : 

THE FINANCIAL OVERSIGHT AND : PROMESA 

MANAGEMENT BOARD FOR PUERTO RICO, : Title III 

 : 

 as representative of : Case No. 17-BK-3283 (LTS) 

 : 

THE COMMONWEALTH OF PUERTO RICO et al., : (Jointly Administered) 

 : 

Debtors.1

 : 

---------------------------------------------------------------------- 

: 

x 

RESPONSE OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO 

MOTION OF BONISTAS DEL PATIO FOR PAYMENT OF CERTAIN 

PROFESSIONAL FEES AND EXPENSES BY THE COMMONWEALTH 

To the Honorable United States District Judge Laura Taylor Swain: 

The Official Committee of Unsecured Creditors (the “Committee”)2 respectfully submits 

this response (the “Response”) to the Motion of Bonistas del Patio for Payment of Certain 

Professional Fees and Expenses by the Commonwealth [Docket No. 22578] (the “Motion”)3

filed by Bonistas del Patio, Inc. (“Bonistas”) on October 11, 2022. In support of this Response, 

the Committee respectfully states as follows:

 

1

 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case number and the last four 

(4) digits of each Debtor’s federal tax identification number, as applicable, are the (i) Commonwealth of Puerto 

Rico (Bankruptcy Case No. 17-BK-3283- LTS) (Last Four Digits of Federal Tax ID: 3481); (ii) Puerto Rico 

Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case No. 17-BK-3284-LTS) (Last Four Digits of 

Federal Tax ID: 8474); (iii) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case 

No. 17-BK-3567-LTS) (Last Four Digits of Federal Tax ID: 3808); (iv) Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-BK-3566-LTS) (Last 

Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric Power Authority (“PREPA”) (Bankruptcy Case 

No. 17- BK-4780-LTS) (Last Four Digits of Federal Tax ID: 3747); and (vi) Puerto Rico Public Buildings 

Authority (“PBA”) (Bankruptcy Case No. 19-BK-5233-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title 

III case numbers are listed as Bankruptcy Case numbers due to software limitations). 

2

 The Committee is the official committee of unsecured creditors for all Title III Debtors, other than PBA and 

COFINA. 

3

 Capitalized terms used but not defined herein shall have the meanings given to them in the Motion. 

Case:17-03283-LTS Doc#:22929 Filed:11/29/22 Entered:11/29/22 15:47:18 Desc: Main

Document Page 1 of 3
2 

RESPONSE TO BONISTAS’ MOTION 

1. The Committee recognizes that, as a result of the occurrence of the effective date 

of the Commonwealth plan of adjustment, the Commonwealth’s general unsecured creditors no 

longer have a direct economic stake in the resolution of the Motion. For that reason, the 

Committee has not incurred the expense of preparing a full, standalone response to the Motion. 

However, because the Committee remains a fiduciary,4 it is duty-bound to reiterate its concerns 

with the Commonwealth paying the fees and expenses of Bonistas’ professionals, and, 

accordingly, the Committee refers the Court to, and incorporates by reference, the Committee’s 

prior responses [Docket Nos. 5100 and 5136] (the “Prior Responses”) to AAFAF’s Informative 

Motion Regarding Stipulation Allowing Administrative Expense Claim of Bonistas Del Patio, 

Inc. [Docket No. 5092]. In addition to the arguments raised in the Prior Responses, the 

Committee also notes that even if Bonistas were able to satisfy the incredibly high bar of 

showing a substantial contribution in the COFINA case,5 this would, at most, support an 

administrative expense claim against COFINA, not the Commonwealth. 

2. Finally, and obviously, the Committee believes that the views of the Oversight 

Board and the Fee Examiner should be heard regarding the relief sought in the Motion. 

 

4

 To be clear, because the Commonwealth plan of adjustment is still subject to various appeals, the Committee 

continues to exist in the Commonwealth case until such time as the confirmation order in connection with the 

Commonwealth plan becomes a final order. See Modified Eighth Amended Title III Joint Plan of Adjustment of 

the Commonwealth of Puerto Rico, et al., § 90.1. 

5

 See, e.g., In re Synergy Pharms. Inc., 621 B.R. 588, 610 (Bankr. S.D.N.Y. 2020) (“Thus, it is settled that 

creditors face an especially difficult burden in passing the ‘substantial contribution’ test since they are presumed 

to act primarily in their own interests.”) (as modified) (internal references and quotation marks omitted); In re 

Pub. Serv. Co. of New Hampshire, 160 B.R. 404, 452 (Bankr. D.N.H. 1993) (“Creditors normally act in their 

own economic self-interest and any incidental benefit to the estate is an indirect by-product of their pursuit of 

their own self-interest. Given this reality, it is hardly surprising that courts greet creditors’ ‘substantial 

contribution’ claims with a degree of skepticism.”) (footnotes omitted). 

Case:17-03283-LTS Doc#:22929 Filed:11/29/22 Entered:11/29/22 15:47:18 Desc: Main

Document Page 2 of 3
3 

WHEREFORE, the Committee respectfully requests that the Court deny the Motion and 

grant any other relief as is just and proper. 

Dated: November 29, 2022 By: /s/ Luc A. Despins . 

PAUL HASTINGS LLP 

Luc A. Despins, Esq. (Pro Hac Vice) 

Nicholas A. Bassett, Esq. (Pro Hac Vice) 

G. Alexander Bongartz, Esq. (Pro Hac Vice) 

200 Park Avenue 

New York, New York 10166 

Telephone: (212) 318-6000 

lucdespins@paulhastings.com 

nicholasbassett@paulhastings.com 

alexbongartz@paulhastings.com 

Counsel to the Official Committee of Unsecured 

Creditors 

By: /s/ Juan J. Casillas Ayala . 

CASILLAS, SANTIAGO & TORRES LLC 

Juan J. Casillas Ayala, Esq. (USDC - PR 218312) 

Israel Fernández Rodríguez, Esq. (USDC - PR 225004) 

Juan C. Nieves González, Esq. (USDC - PR 231707) 

Cristina B. Fernández Niggemann, Esq. (USDC - PR 

306008) 

PO Box 195075 

San Juan, Puerto Rico 00919-5075 

Telephone: (787) 523-3434 Fax: (787) 523-3433 

jcasillas@cstlawpr.com 

ifernandez@cstlawpr.com 

jnieves@cstlawpr.com 

cfernandez@cstlawpr.com 

Local Counsel to the Official Committee of Unsecured 

Creditors

Case:17-03283-LTS Doc#:22929 Filed:11/29/22 Entered:11/29/22 15:47:18 Desc: Main

Document Page 3 of 3