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 THE THREE HUNDRED SIXTYSECOND OMNIBUS OBJECTION (NON-SUBSTANTIVE) OF THE 

COMMONWEALTH OF PUERTO RICO, THE PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY, AND THE EMPLOYEES RETIREMENT SYSTEM 

OF THE GOVERNMENT OF THE COMMONWEALTH OF PUERTO RICO TO 

PROOFS OF CLAIM NOS. 3258 AND 133778

To the Honorable United States District Judge Laura Taylor Swain:

1. On August 20, 2021, the Commonwealth of Puerto Rico (the “Commonwealth”), 

the Puerto Rico Highways and Transportation Authority (“HTA”), and the Employees Retirement 

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

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

 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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Management Board for Puerto Rico (the “Oversight Board”), as the sole Title III 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 Sixty-Second Omnibus Objection (NonSubstantive) of the Commonwealth of Puerto Rico, the Puerto Rico Highways and Transportation 

Authority, and the Employees Retirement System of the Government of the Commonwealth of 

Puerto Rico to Misclassified Claims [ECF No. 17927] (the “Three Hundred Sixty-Second

Omnibus Objection”) to various proofs of claim.

2. The Three Hundred Sixty-Second Omnibus Objection seeks to reclassify claims 

that incorrectly or improperly assert that they are secured or entitled to administrative expense 

priority pursuant to 11 U.S.C. § 503(b)(9), as set forth in Exhibit A thereto (collectively, the 

“Claims to Be Reclassified”). Specifically, as set forth in the Three Hundred Sixty-Second 

Omnibus Objection, each of the Claims to Be Reclassified incorrectly or improperly assert that 

they are secured and/or that they are entitled to administrative expense priority pursuant to 11 

U.S.C. § 503(b)(9). However, upon a review of the Claims to Be Reclassified and the Debtors’ 

books and records, the Debtors have concluded that the Claims to Be Reclassified are not entitled 

to either administrative expense priority or secured status, and should appropriately be classified 

as general unsecured claims.

3. The Debtors have received the following correspondence from:

• Maria R. Carrión Vega (“Carrión Vega”), copies of which are attached hereto as 

Exhibits “A” (the “First Carrión Vega Response”) and “B” (the “Second Carrión 

Vega Response,” and together with the First Carrión Vega Response, the “Carrión 

Vega Responses”), regarding Proof of Claim No. 3258 (the “Carrión Vega Claim”);

• Maria A. Clemente Rosa (“Clemente Rosa,” and together with Carrión Vega, the 

“Claimants”), a copy of which is attached hereto as Exhibit “C” (the “Clemente 

Rosa Response,” and together with the Carrión Vega Responses, the “Responses”), 

 

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

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regarding Proof of Claim No. 133778 (the “Clemente Rosa Claim” and together 

with the Carrión Vega Claim, the “Claims”).

4. Certified translations of the First Carrión Vega Response, the Second Carrión Vega 

Response, and the Clemente Rosa Response are attached hereto as Exhibits “A-1,” “B-1,” and “C1,” respectively.

I. The Carrión Vega Responses

5. The Carrión Vega Claim asserts liabilities associated with allegedly accrued, but 

unpaid, wages arising from Carrión Vega’s employment with the Municipality of Bayamón’s court 

system, and related pension adjustments. The Carrión Vega Claim further asserts that it is entitled 

to administrative priority pursuant to 11 U.S.C. § 503(b)(9). As set forth in the Three Hundred 

Sixty-Second Omnibus Objection, only creditors who sold goods to the Debtors within twenty (20) 

days of commencement of the Debtors’ Title III Cases3 are entitled to administrative priority 

pursuant to 11 U.S.C. § 503(b)(9).

6. The First Carrión Vega Response, a Spanish-language letter, was received by Prime 

Clerk on November 2, 2021. Therein, Carrión Vega does not allege that she sold goods to the 

Commonwealth within the statutorily prescribed time frame. The First Carrión Vega Response 

also does not assert any other basis entitling the Carrión Vega Claim to administrative expense 

priority. Instead, the First Carrión Vega Response states that, “[w]e paid for all those [pension] 

benefits that would have been granted to us once the 30-year term of service was completed” and 

the “Romerazo Law was passed, and they still haven’t paid us [under that law].” First Carrión 

Vega Resp. at 1-2. Similarly, the Second Carrión Vega Response, a Spanish-language letter 

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

the Three Hundred Sixty-Second Omnibus Objection.

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received by Prime Clerk on November 9, 2021, states, “[w]e are employees of the Bayamón 

Courts, who have been waiting for that payment since 1980.” Second Carrion Vega Resp. at 10.

7. The Three Hundred Sixty-Second Omnibus Objection seeks only to reclassify the 

Carrión Vega Claim as a general unsecured claim because the Carrión Vega Claim incorrectly 

asserts entitlement to administrative expense priority pursuant to 11 U.S.C. § 503(b)(9). It does 

not purport to address the merits underlying the Carrión Vega Claim. The Carrión Vega 

Responses do not dispute that the Carrión Vega Claim is not entitled to administrative expense 

priority. Accordingly, the Carrión Vega Claim should be reclassified as a general unsecured 

claim. The Debtors reserve the right to object to the Carrión Vega Claim on any other basis 

whatsoever.

II. The Clemente Rosa Response

8. The Clemente Rosa Response was filed on November 16, 2021. It attaches various 

documents, including a copy of the Teaching Career Act; filings related to a Civil Service Appeals 

Committee case filed by Clemente Rosa against the Department of Education, in which Clemente 

Rosa contends the Department improperly withheld her promotion to the rank of “Teacher” and 

discriminated against her on the grounds that she taught industrial arts; filings related to an 

unrelated case initiated by Clemente Rosa against the Department of Education regarding an 

alleged disability; forms and applications related to Ms. Clemente Rosa’s application for 

promotion to the rank of “Teacher;” related supporting documents, including medical records, 

disability claims and resolutions; and a copy of the Clemente Rosa Claim. 

9. The Clemente Rosa Response does not, however, allege that Clemente Rosa sold 

goods to the Commonwealth within the required statutory time frame. Nor does the Clemente 

Rosa Response assert any other basis entitling the Clemente Rosa Claim to administrative expense 

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priority. Further, the Clemente Rosa Response does not dispute that the Clemente Rosa Claim is 

not entitled to administrative expense priority. Instead, it alleges that the Court is “asking for 

documents, which have already been sent to you on several occasions . . . .” Clemente Rosa 

Response at 1. 

10. Accordingly, because Clemente Rosa has not provided a basis for asserting the 

Clemente Rosa Claim is entitled to administrative expense priority, the Debtors respectfully 

request the Clemente Rosa Claim be reclassified as a general unsecured claim. 

11. For the foregoing reasons, the Debtors respectfully request that the Court grant the 

Three Hundred Sixty-Second Omnibus Objection and reclassify the Claims as general unsecured 

claims, notwithstanding the Responses.

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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

/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, the Puerto 

Rico Highways and Transportation 

Authority, and the Employees Retirement 

System of the Government of the 

Commonwealth of Puerto Rico

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