IN THE 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)

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE PUERTO RICO ELECTRIC POWER 

AUTHORITY (PREPA)

This filing relates to PREPA 

Docket No. 22265

PROMESA 

Title III 

Case No. 17 BK4780-LTS

RESPONSE IN OPPOSITION TO PREPA’S “FIVE HUNDRED THIRTY-FIRST 

OMNIBUS OBJECTION (NON-SUBSTANTIVE) OF THE PUERTO RICO ELECTRIC 

POWER AUTHORITY TO DEFICIENT CLAIMS”

To the Honorable United States District Judge Laura Taylor Swain:

COMES NOW, creditor, O’Neill Security & Consultant Services, Inc.

(hereinafter “O’Neill”), by and through the undersigned attorney, and respectfully submits 

this response in opposition to PREPA’s Five Hundred Thirty-First Omnibus Objection 

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-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#:22758 Filed:10/30/22 Entered:10/30/22 17:42:18 Desc: Main

Document Page 1 of 4
(Non-Substantive) of the Puerto Rico Electric Power Authority to Deficient Claims [Docket

No. 22265] (the “531 Omnibus Objection”) as follows: 

1. On May 29, 2018, O’Neill Security’s claim number 28744 was based on a 

debt owed by PREPA for services rendered by O’Neill Security for $1,946,485.38 as of 

July 2, 2017.

2. On September 16, 2022, PREPA’S filed the 531 Omnibus Objection 

(Docket No. 22265), seeking to disallow several alleged deficient claims, including

O’Neill’s claim number 28744. The deadline for O’Neill to respond to the 531 Omnibus 

Objection was extended to October 31, 2022 (Docket No. 22625).

3. PREPA stated their reason for their 531 Omnibus Objection is that 

“Claimant [O’Neill] asserts three different claim amounts according to the proof of claim, 

a response to outreach requesting more information, and supporting documentation 

provided is such outreach. Claimant has not responded to further communications to 

determine the claim amount”. (See Doc No. 22265, Exhibit A.)

4. As mentioned above, PREPA does not dispute O’Neill’s claim but contends 

that it is a “Deficient Claim” because the appearing creditor failed to respond to their 

alleged requests to provide supporting information and documentation. 

5. On or around September 9, 2020, O’Neill received a request for evidence 

to support POC 28744, see Exhibit I. Said request was answered on October 8, 2020. 

See Exhibit II. O’Neill’s legal counsel provided copies of the invoices, contracts, and 

supporting documents. In summary, more than 2,100 pages of evidence were provided 

in response to the request. The evidence notified demonstrates that O’Neill has a valid

claim. The evidence also provides information sufficient to enable PREPA to both identify 

Case:17-03283-LTS Doc#:22758 Filed:10/30/22 Entered:10/30/22 17:42:18 Desc: Main

Document Page 2 of 4
the nature of the obligations and reconcile the claim. A copy of the email providing all 

information and documents is attached hereto as Exhibit III2.

6. O’Neill did not receive the alleged “Mailing” referred to in paragraph 17 of 

the 531 Omnibus Objection. Neither did O’Neill receive any further communication 

requesting additional information, or to clarify any item or the amount claimed. In support 

of the foregoing, we will provide a statement under penalty of perjury by a representative 

of O’Neill.

7. After the filling of the proof of claim on May 29, 2018, O’Neill has continued 

to receive payments and has had the effect of reducing the original claim amount. This 

situation, we believe, is what causes PREPA’s contention that O’Neill asserts three 

different claim amounts. 

8. Due to the immense volume of documents, O’Neill is willing to sit down and 

discuss any questions PREPA may have with its claim. Attached as Exhibit IV is a 

worksheet that includes the invoice number, invoice date, invoice amount and current 

invoice balance, and contract number.

9. Upon objection, a proof of claim provides "some evidence as to its validity 

and amount" and is "strong enough to carry over a mere formal objection without more." 

See Lundell v. Anchor Constr. Spec., Inc., 223 F.3d 1035, 1039 (9th Cir. 2000) (citing In 

re Holm, 931 F.2d 620, 623 (9th Cir. 1991). A bare and unsupported objection to the 

allowance of a claim is insufficient to overcome the prima facie evidentiary effect of a 

properly filed proof of claim. In re Trending Cycles for Commodities, Inc., 26 B.R. 350, 

351 (Bankr.S.D.Fla. 1982).

2 Due to the size of the document, we created a google share file: 

https://drive.google.com/file/d/1v25CY7E15dm13ktw71o0ucGy_uZv84Rr/view?usp=sharing

Case:17-03283-LTS Doc#:22758 Filed:10/30/22 Entered:10/30/22 17:42:18 Desc: Main

Document Page 3 of 4
10. This Response in Opposition to PREPA’s 531 Omnibus Objection is filed in 

accordance with the Amended Omnibus Objection Procedures. Therefore, O’Neill 

respectfully requests that PREPA’s 531 Omnibus Objection be denied as far as the 

appearing creditor is concerned.

WHEREFORE, it is respectfully requested that this Honorable Court deny 

PREPA’s 531 Omnibus Objection as far as the appearing creditor is concerned with any 

other remedy deemed just and proper.

I HEREBY CERTIFY that on this date, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF System, which will automatically send notification 

of such filing to all attorneys of record.

RESPECTFULLY SUBMITTED.

In Ponce, Puerto Rico, on this 30th day of October 2022.

ATTORNEY FOR CREDITOR, 

O’NEILL SECURITY & CONSULTANT SERVICES, INC.

s/Elías L. Fernández Pérez

ELÍAS L. FERNÁNDEZ PÉREZ

USDC 227404

PO Box 7500

Ponce, P.R. 00732

Tel. (939) 250-0179

Cel. (787) 616-9374

Fax: 1(800) 325-7084

Email: eliaslaureano@gmail.com

Case:17-03283-LTS Doc#:22758 Filed:10/30/22 Entered:10/30/22 17:42:18 Desc: Main

Document Page 4 of 4