221003 ORD RE 440TH OMNI OBJ VERSION OCTOBER 3, 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 FOUR HUNDRED FORTIETH OMNIBUS OBJECTION (SUBSTANTIVE) OF THE 

COMMONWEALTH OF PUERTO RICO, THE EMPLOYEES RETIREMENT SYSTEM OF THE GOVERNMENT 

OF THE COMMONWEALTH OF PUERTO RICO AND THE PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY TO PARTIAL DUPLICATE AND NO LIABILITY BOND CLAIMS

Upon the Four Hundred Fortieth Omnibus Objection (Non-Substantive) of the 

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

Commonwealth of Puerto Rico, and the Puerto Rico Highways and Transportation Authority to 

Duplicate Claims (Docket Entry No. 20498) (the “Four Hundred Fortieth Omnibus Objection”),2

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”, and together with the 

Commonwealth, COFINA, HTA, ERS, and PREPA, the “Debtors”) (Bankruptcy Case No. 

19-BK-5532-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are 

listed as Bankruptcy Case numbers due to software limitations).

2 Capitalized terms not otherwise defined herein shall have the meanings given to such terms 

in the Four Hundred Fortieth Omnibus Objection.

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221003 ORD RE 440TH OMNI OBJ VERSION OCTOBER 3, 2022 2

filed by the Commonwealth of Puerto Rico (“Commonwealth”), the Employees Retirement 

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

Highways and Transportation Authority (“HTA,” and together with the Commonwealth and ERS, 

the “Debtors”), dated April 1, 2022, for entry of an order disallowing in their entirety certain claims 

filed against the Debtors, as more fully set forth in the Four Hundred Fortieth Omnibus Objection 

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

Fortieth 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 Four Hundred Fortieth Omnibus Objection having been provided to those parties 

identified therein, and no other or further notice being required; and the Court having determined 

that the claims identified in Exhibit A to the Four Hundred Fortieth Omnibus Objection (the 

“Claims to Be Partially Disallowed”) are duplicative, in part, of one or more Master Proofs of 

Claim filed in the Debtors’ Title III Cases; and the Court having determined that the Claims to Be 

Partially Disallowed also assert claims that seek recovery, in part, of amounts for which the 

Debtors are not liable; and the Court having determined that the remaining portions of the Claims 

to Be Partially Disallowed will remain asserted against the Commonwealth; and the Court having 

determined that the relief sought in the Four Hundred Fortieth Omnibus Objection is in the best 

interest of the Debtors, their creditors, and all the parties in interest; and the Court having 

determined that the legal and factual bases set forth in the Four Hundred Fortieth Omnibus 

Objection establish just cause for the relief granted herein; and after due deliberation and sufficient 

cause appearing therefor, it is

ORDERED that the Four Hundred Fortieth Omnibus Objection is GRANTED as 

set forth herein; and it is further

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221003 ORD RE 440TH OMNI OBJ VERSION OCTOBER 3, 2022 3

ORDERED that the Claims to Be Partially Disallowed are hereby reduced and 

disallowed, such that the Claims to Be Partially Disallowed shall now only be considered claims 

asserting the amount set forth in the column titled “Corrected” in Exhibit A to the Four Hundred 

Fortieth Omnibus Objection, respectively; and it is further

ORDERED that the Commonwealth’s right to object to portions of the remaining 

portions of these claims, as set forth in the column titled “Corrected” in Exhibit A to the Four 

Hundred Fortieth Omnibus Objection, is reserved; and it is further

ORDERED that Kroll is authorized and directed to designate as expunged and 

reduced the amount asserted in the Claims to Be Partially Disallowed by the disallowed portions 

(i.e., reducing the amount of the claims to the amounts set forth in the column titled “Corrected” 

in Exhibit A to the Four Hundred Fortieth Omnibus Objection) from the official claims register in 

the Debtors’ Title III Cases; and it is further

ORDERED that this Order resolves Docket Entry No. 20498 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 3, 2022

 /s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

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