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)

NOTICE OF CORRESPONDENCE REGARDING THREE HUNDRED NINETY-THIRD 

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 PROOFS OF CLAIM NOS. 179520 AND 179525

To the Honorable United States District Judge Laura Taylor Swain:

1. On August 25, 2021, 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 

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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representative of the Debtors pursuant to section 315(b) of the Puerto Rico Oversight, 

Management, and Economic Stability Act (“PROMESA”),2 filed the Three Hundred Ninety-Third

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 Late-Filed Claims 

[ECF No. 17975] (the “Three Hundred Ninety-Third Omnibus Objection”) to various proofs of 

claim.

2. The Three Hundred Ninety-Third Omnibus Objection seeks to disallow certain 

proofs of claim that were late-filed and, accordingly, failed to comply with the terms of the 

applicable Bar Date Orders 3 (collectively, the “Claims to Be Disallowed”), each as listed on 

Exhibit A thereto. As set forth in the Three Hundred Ninety-Third Omnibus Objection and 

supporting exhibits thereto, the Claims to Be Disallowed were filed after the applicable Bar Date: 

(i) June 29, 2018 at 4:00 p.m. (Atlantic Time), for creditors of the Commonwealth, COFINA, 

HTA, and ERS, or (ii) July 29, 2020 at 4:00 p.m. (Atlantic Time), for creditors of PBA. 

Accordingly, pursuant to the terms of the Bar Date Orders, each of the holders of the Claims to Be 

Disallowed are barred from asserting a claim against the Debtors, and the Debtors are discharged 

from any and all liabilities to such claimants.

3. The Debtors received the attached correspondence from José A. Ríos Collazo 

(“Ríos Collazo”), a copy of which is attached hereto as Exhibit “A” (the “Ríos Collazo Response”), 

regarding Proof of Claim No. 179520 (the “First Ríos Collazo Claim”) and Proof of Claim No. 

179525 (the “Second Ríos Collazo Claim,” and together with the First Ríos Collazo Claim, the 

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

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

Three Hundred Ninety-Third Omnibus Objection.

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“Ríos Collazo Claims”). A certified translation of the Ríos Collazo Response is attached as 

Exhibit “A-1”.

4. On August 12, 2021—over three years after the Commonwealth’s Bar Date—Ríos 

Collazo filed the Ríos Collazo Claims. Both Ríos Collazo Claims assert liabilities in the amount 

of $4,800 arising from allegedly accrued, but unpaid, salary increases purportedly owed by the 

Puerto Rico Telephone Company.

5. The Ríos Collazo Response consists of a photocopy of one of the Ríos Collazo 

Claims. It does not, however, provide any explanation for Ríos Collazo’s failure to file a timely 

claim. Accordingly, because the Ríos Collazo Response does not dispute that the Ríos Collazo 

Claims were not timely filed and does not provide an explanation for the failure to timely file a 

proof of claim, the Ríos Collazo Claims should be disallowed, notwithstanding the Ríos Collazo 

Response.

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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

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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