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)

This filing relates to the

Commonwealth and ERS.

REPLY OF THE COMMONWEALTH OF PUERTO RICO AND THE EMPLOYEES 

RETIREMENT SYSTEM OF THE GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO TO THE RESPONSE FILED BY HECTOR M. VILLALONGO ORTIZ

[ECF NO. 18137] TO THE THREE HUNDRED SIXTY-FIRST OMNIBUS OBJECTION 

(NON-SUBSTANTIVE) TO DEFICIENT CLAIMS WITH RESPECT TO WHICH 

DEFICIENT MAILING RESPONSES WERE RECEIVED

To the Honorable United States District Judge Laura Taylor Swain:

The Commonwealth of Puerto Rico (the “Commonwealth”) and the Employees Retirement 

System of the Government of the Commonwealth of Puerto Rico (“ERS,” and together with the 

Commonwealth, the “Debtors”), by and through the Financial Oversight and Management Board 

for Puerto Rico (the “Oversight Board”), as the sole Title III representative of the Debtors pursuant 

 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” and together with the Commonwealth, COFINA, HTA, and ERS, the 

“Debtors”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 3747) 

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

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to section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act

(“PROMESA”),2 file this reply (the “Reply”) to the response [ECF No. 18137] (the “Villalongo

Ortiz Response”) filed by claimant Hector M. Villalongo Ortiz ( “Villalongo Ortiz”) to the Three 

Hundred Sixty-First Omnibus Objection (Non-Substantive) of the Commonwealth of Puerto Rico

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

Deficient Claims for Which Deficient Mailing Responses Were Received [ECF No. 17921] (the 

“Three Hundred Sixty-First Omnibus Objection”). In support of this Reply, the Debtors 

respectfully represent as follows:

1. On August 20, 2021 the Debtors filed the Three Hundred Sixty-First Omnibus 

Objection seeking to disallow each of the proof of claims listed on Exhibit A thereto (collectively, 

the “Deficient Claims”). Each of the Deficient Claims failed to comply with the applicable rules 

for filing a claim by not providing a basis for asserting the claim against the Commonwealth, ERS

or any other Title III Debtor. As set forth in the Three Hundred Sixty-First Omnibus Objection, 

each of the Deficient Claims purports to be based on obligations owed to the applicable claimant 

by the Commonwealth or ERS, but either (i) fails to provide any information identifying the nature 

or source of the obligations or explaining why the Commonwealth, ERS, or any other Title III 

Debtor is liable to the claimant, or (ii) identifies the nature or source of the obligation, but fails to 

explain how the Commonwealth, ERS, or any other Title III Debtor is liable to the claimant. 

Because of this failure to comply with the applicable rules, neither the Debtors nor the Court are 

able to determine the validity of the Deficient Claims. Further, all of the claimants subject to the 

Three Hundred Sixty-First Omnibus Objection were sent and responded to Mailings3 sent by the 

 2 PROMESA is codified at 48 U.S.C. §§ 2101-2241.

3 Capitalized terms used but not defined herein shall have the meanings ascribed to them in 

the Three Hundred Sixty-First Omnibus Objection.

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Debtors, but their responses (collectively, the “Returned Deficient Mailings”) still failed to provide 

the Debtors with the information necessary to reconcile the Deficient Claims. In each instance, 

the Returned Deficient Mailings omitted information necessary to ascertain the basis of their 

claims.

2. Any party who disputed the Three Hundred Sixty-First Omnibus Objection was 

required to file a response by 4:00 p.m. (Atlantic Standard Time) on September 20, 2021 in 

accordance with the Court-approved notice attached to the Three Hundred Sixty-First Omnibus 

Objection as Exhibit C, which was served in English and Spanish on the individual creditors 

subject to the Omnibus Objections, the U.S. Trustee, and the Master Service List (as defined in the 

Fifteenth Amended Notice, Case Management and Administrative Procedures [ECF No. 17127-

1]). See Certificate of Service [ECF No. 17989].

3. Villalongo Ortiz filed a claim on March 12, 2018, which was logged by Prime Clerk 

as Proof of Claim No. 2221 (the “Villalongo Ortiz Claim”). The Villalongo Ortiz Claim 

identified the “municipal government of San Juan” as the entity against which Villalongo Ortiz 

purported to assert a claim. The Villalongo Ortiz Claim did not provide any other details 

regarding the nature or basis of the claim, or the amount of liabilities asserted. In response to a 

Mailing sent by the Debtors, Villalongo Ortiz stated that the basis of the claim was for an “accident 

I had at work” while employed working at “sanitation.” Villalongo Ortiz’s returned Mailing 

response further alleges that the claim is based on a pending legal action with an unpaid judgment, 

but does not provide the name, case number, or court or body where the legal action is taking 

place.

4. The Villalongo Ortiz Response was filed with the Court on September 15, 2021

and docketed as ECF No. 18137 on September 16, 2021. The Villalongo Ortiz Response still 

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does not provide information sufficient for the Debtors to understand the nature or basis of the 

Villalongo Ortiz Claim. Rather, it again states that the claim arises out of a pending legal action 

with an unpaid legal judgment; however, the only case number provided in the Villalongo Ortiz 

Response is the case number for the Commonwealth’s Title III Case. Further, the Villalongo 

Ortiz Response identifies the title or caption of the litigation as “Promesa Title III,” and states that 

his claim is asserted against the Oversight Board. 

5. Accordingly, because the Response still does not provide sufficient information for 

the Debtors or the Court to reconcile the Villalongo Ortiz Claim, the Debtors respectfully request 

that the Villalongo Ortiz Claim be disallowed in its entirety.

Dated: February 2, 2022 Respectfully submitted,

San Juan, Puerto Rico

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205

Carla García Benítez

USDC No. 203708

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

/s/ Brian S. Rosen

Martin J. Bienenstock (pro hac vice)

Brian S. Rosen (pro hac vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Attorneys for the Financial Oversight and 

Management Board as representative for the 

Commonwealth of Puerto Rico and the 

Employees Retirement System of the 

Government of the Commonwealth of Puerto 

Rico

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