221004 ORD RE 379TH OMNI OBJ VERSION OCTOBER 4, 2022 1

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE COMMONWEALTH OF PUERTO RICO, et 

al.,

Debtors.1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

ORDER GRANTING THE THREE HUNDRED SEVENTY-NINTH 

OMNIBUS OBJECTION (SUBSTANTIVE) OF THE COMMONWEALTH 

OF PUERTO RICO AND THE EMPLOYEES RETIREMENT SYSTEM OF THE GOVERNMENT 

OF THE COMMONWEALTH OF PUERTO RICO TO PARTIAL NO LIABILITY LITIGATION CLAIMS

Upon the Three Hundred Seventy-Ninth Omnibus Objection (Substantive) of the 

Commonwealth of Puerto Rico and the Employees Retirement System of the Government of the 

Commonwealth of Puerto Rico to Partial No Liability Litigation Claims (Docket Entry No. 17914) 

(the “Three Hundred Seventy-Ninth Omnibus Objection”), filed by the Commonwealth of Puerto 

 

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 (the “Commonwealth”) (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-5523-

LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed as 

Bankruptcy Case numbers due to software limitations).

Case:17-03283-LTS Doc#:22484 Filed:10/04/22 Entered:10/04/22 15:02:04 Desc: Main

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221004 ORD RE 379TH OMNI OBJ VERSION OCTOBER 4, 2022 2

Rico (“Commonwealth”) and the Employees Retirement System of the Government of the 

Commonwealth of Puerto Rico (“ERS,” and together with the Commonwealth, the “Debtors”), 

dated August 20, 2021, for entry of an order partially disallowing certain claims filed against the 

Debtors, as more fully set forth in the Three Hundred Seventy-Ninth Omnibus Objection and 

supporting exhibits thereto; and the Court having jurisdiction to consider the Three Hundred 

Seventy-Ninth Omnibus Objection and to grant the relief requested therein pursuant to PROMESA 

section 306(a); and venue being proper pursuant to PROMESA section 307(a); and due and proper 

notice of the Three Hundred Seventy-Ninth Omnibus Objection having been provided to those 

parties identified therein, and no other or further notice being required; and upon the Notice of 

Presentment of Proposed Order Granting the Three Hundred Seventy-Ninth Omnibus Objection 

(Substantive) of the Commonwealth of Puerto Rico and the Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico to Partial No Liability Litigation Claims, dated 

May 24, 2022 (Docket Entry No. 20976, the “Notice”), for entry of an order partially disallowing 

the Claims to Be Partially Disallowed via Notice of Presentment2

, as more fully set forth in the 

Notice; and upon the record of the hearing held on January 19-20, 2022, and the rulings made 

therein; and the Court having determined that the relief sought in the Three Hundred SeventyNinth Omnibus Objection is in the best interests of the Debtors, their creditors, and all parties in 

interest; and the Court having determined that the legal and factual bases set forth in the Three 

Hundred Seventy-Ninth Omnibus Objection establish just cause for the relief granted herein; and 

after due deliberation and sufficient cause appearing therefor, it is hereby:

 2 Capitalized terms used but not otherwise defined herein have the meanings given to them 

in the Notice. 

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221004 ORD RE 379TH OMNI OBJ VERSION OCTOBER 4, 2022 3

ORDERED that the Three Hundred Seventy-Ninth Omnibus Objection is 

GRANTED as set forth herein; and it is further

ORDERED that the Claims to Be Partially Disallowed via Notice of Presentment 

(collectively, the “Claims to Be Partially Disallowed”) are hereby partially disallowed as set forth 

below; and it is further

ORDERED that, to the extent the Claims to Be Partially Disallowed purport to 

assert additional liabilities not associated with the Litigations, as defined in the Three Hundred 

Seventy-Ninth Omnibus Objection, the holders of the Claims to Be Partially Disallowed will retain 

a remaining Claim against the Debtors in respect of such amounts (collectively, the “Remaining 

Claims”), as set forth in Exhibit A to the Three Hundred Seventy-Ninth Omnibus Objection.

ORDERED that the Debtors’ right to object to the Remaining Claims is reserved; 

and it is further

ORDERED that Kroll Restructuring Associates, LLC (“Kroll”) is authorized and 

directed to designate as expunged the disallowed portions of the Claims to Be Partially Disallowed 

from the official claims register in the Title III Cases; and it is further

ORDERED that this Order resolves Docket Entry No. 17914 in Case No. 17-3283; 

and it is further

ORDERED that this Court shall retain jurisdiction to hear and determine all matters 

arising from or related to the implementation, interpretation, or enforcement of this Order.

SO ORDERED.

Dated: October 4, 2022

 /s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

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