UNITED STATES DISTRICT COURT

DISTRICT OF PUERTO RICO

-------------------------------------------------------------x

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

 as representative of

THE COMMONWEALTH OF PUERTO RICO, et al.

 Debtors.1

-------------------------------------------------------------x

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

SUPPLEMENTAL CERTIFICATE OF SERVICE

I, Nuno Cardoso, depose and say that I am employed by Prime Clerk LLC (“Prime 

Clerk”), the solicitation, notice, and claims agent for the Debtors in the above-captioned cases 

under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act 

(PROMESA).

On January 13, 2022, at my direction and under my supervision, employees of Prime Clerk 

caused the following document to be served via First Class Mail on the parties identified on the 

Supplemental Service List attached hereto as Exhibit A:

• Notice of Entry of Order Establishing Preliminary Confirmation Submission and 

Discovery Procedures, and Directing Notice to Creditors of the Same, a copy of which is 

attached hereto as Exhibit B

On January 13, 2022, at my direction and under my supervision, employees of Prime 

Clerk caused the following document to be served via First Class Mail on the parties identified 

on the Supplemental Service List attached hereto as Exhibit C:

• Notice of (I) Approval of Disclosure Statement, (II) Establishment of Record Dates, (III) 

Hearing on Confirmation of the Plan of Adjustment and Procedures for Objection to 

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); and (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). 

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2

Confirmation of the Plan of Adjustment, (IV) Procedures and Deadline for Voting on the 

Plan of Adjustment and Making Certain Elections Thereunder, a copy of which is attached 

hereto as Exhibit D

• Notice of Entry of Order Establishing Preliminary Confirmation Submission and

Discovery Procedures, and Directing Notice to Creditors of the Same, a copy of which is

attached hereto as Exhibit E

• Order Establishing Procedures and Deadlines Concerning Objections to Confirmation and

Discovery in Connection Therewith [Docket No. 17640]

On January 13, 2022, at my direction and under my supervision, employees of Prime Clerk

caused the following document to be served via First Class Mail on the parties identified on the 

Supplemental Service List attached hereto as Exhibit F:

• Notificación de (I) la Aprobación de la declaración de Divulgación, (II) el Establecimiento

de las Fechas de Registro, (III) la Vista de Confirmación del Plan de Ajuste y los

Procedimientos de Objeción a la Confirmación del Plan de Ajuste, (IV) los Procedimientos

y la Fecha Límite Para Votar Sobre el Plan de Ajuste y la Realización de Determinadas

Elecciones en Virtud de Dicho Voto [Docket No. 17639]

On January 13, 2022, at my direction and under my supervision, employees of Prime Clerk

caused the following document to be served via First Class Mail on Arthur Samodovitz, (MMLID: 

2583171), 140 Lasa Dr. Apt. 204, St. Augustine, FL 32084-8740:

• Urgent Joint Motion Regarding Deposition of Stephen Spencer [Docket No. 18986]

• Fourth Joint Informative Motion to Notify Schedule of Upcoming Depositions and

Procedures for Attendance of the Same [Docket No. 18987]

• Informative Motion of Financial Oversight and Management Board Submitting October

27, 2021 Letter to the Court [Docket No. 18988]

• Informative Motion of Financial Oversight and Management Board for Puerto Rico

Regarding Deposition of Stephen Spencer [Docket No. 18997]

• Urgent Motion of the Financial Oversight and Management Board for Puerto Rico for

Order (I) Approving Form of Notice of Rulings the Oversight Board Requests at

Confirmation Hearing Regarding Act 53-2021 and (II) Scheduling Objection Deadline

[Docket No. 19002]

On January 13, 2022, at my direction and under my supervision, employees of Prime Clerk

caused the following document to be served via First Class Mail on the parties identified on the 

Supplemental Service List attached hereto as Exhibit G:

• Notificación de (I) Decisiones Solicitadas por la Junta de Supervisión en la Vista de

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3

SRF 59147

Confirmación con Respecto a la ley 53-2021 Y (II) Fecha Límite Para la Presentación de 

Objeciones attached hereto as Exhibit H

• Notice of (I) Rulings the Oversight Board Requests at Confirmation Hearing Regarding

Act 53-2021 and (II) Deadlines for Objections attached hereto as Exhibit I

Dated: January 19, 2022

/s/ Nuno Cardoso

Nuno Cardoso

State of New York

County of New York

Subscribed and sworn (or affirmed) to me on January 19, 2022, by Nuno Cardoso, proved to me 

on the bases of satisfactory evidence to be the person who executed this affidavit.

/s/ HERBERT BAER

Notary Public, State of New York

No BA6205563

Qualified in Westchester County

Commission Expires May 11, 2025

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Exhibit A

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Exhibit A

Supplemental Service List

Served via First Class Mail

MMLID NAME ADDRESS 

1117135 MIDA HERNANDEZ ROJAS ADDRESS ON FILE

804873 MORALES MONSEGUR, JAIME ADDRESS ON FILE

1167691 VAZQUEZ SANTIAGO, ANGEL R ADDRESS ON FILE

In re: The Commonwealth of Puerto Rico, et al.

Case No. 17-03283 (LTS) Page 1 of 1

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Exhibit B

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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, THE 

EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO, AND THE PUERTO RICO PUBLIC 

BUILDINGS AUTHORITY,

Debtors.1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

NOTICE OF ENTRY OF ORDER ESTABLISHING PRELIMINARY

CONFIRMATION SUBMISSION AND DISCOVERY PROCEDURES,

AND DIRECTING NOTICE TO CREDITORS OF THE SAME

THE COURT HAS DETERMINED THAT DISCOVERY IN CONNECTION WITH THE 

CONFIRMATION HEARINGS ON THE DEBTORS’ PROPOSED PLAN OF 

ADJUSTMENT SHOULD BEGIN PROMPTLY, BEFORE COMPLETION OF THE 

HEARING ON THE DEBTORS’ MOTION FOR APPROVAL OF THE PROPOSED 

DISCLOSURE STATEMENT REGARDING THE PROPOSED PLAN OF 

ADJUSTMENT. THE DATES AND DEADLINES SET FORTH HEREIN MAY BE 

ADJUSTED IF THE DISCLOSURE STATEMENT IS APPROVED AFTER JULY 30, 

2021, AND ARE SUBJECT TO FURTHER REVISIONS BY COURT ORDER. THIS IS 

NOT A SOLICITATION OF VOTES ON THE PROPOSED PLAN. YOU SHOULD 

REVIEW THIS NOTICE.

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).

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 2

If you have any questions regarding this notice, please contact Prime Clerk LLC by telephone at 

(844) 822-9231 (toll free for U.S. and Puerto Rico) or (646) 486-7944 (for international callers), 

available 10:00 a.m. to 7:00 p.m. (Atlantic Standard Time) (Spanish available), or by email at 

puertoricoinfo@primeclerk.com.

PLEASE TAKE NOTICE OF THE FOLLOWING:

1. The Financial Oversight and Management Board has filed, on behalf of the Debtors, 

the Fifth Amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico, et al.,

dated July 12, 2021 [ECF No. 17306] (as the same may be amended or modified, including all 

exhibits and supplements thereto, the “Plan”).

2. Status of Disclosure Statement Approval. The Court is presently considering

objections to the Disclosure Statement for the Fifth Amended Title III Joint Plan of Adjustment of 

the Commonwealth of Puerto Rico, et al. (Docket Entry No. 17308 in Case No. 17-3283, and as 

the same may be amended or modified, the “Disclosure Statement”) filed by the Debtors, that 

describes the Plan proposed for confirmation. A further hearing to consider the sufficiency of the 

Disclosure Statement is scheduled for July 27, 2021. The Debtors have proposed that final 

hearings on confirmation of the Plan take place in November 2021. To facilitate the possibility of 

consideration of confirmation of the Plan in 2021, the Court has determined that discovery 

regarding confirmation issues must commence promptly and that it is appropriate to establish the 

preliminary procedures for confirmation submissions and discovery that are set forth in this Notice. 

The Court has entered an Order Establishing Preliminary Confirmation Submission and Discovery 

Procedures, and Directing Notice to Creditors of the Same, which requires the Debtors to 

distribute this Notice. The Court’s Order is filed at Docket Entry No. 17431 in Case No. 17-3283. 

The Order establishes the following schedule for discovery and confirmation-related submissions.

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 3

3. Deadline to File Notice of Intent to Participate in Discovery. If you wish to 

participate in discovery in connection with confirmation of the Plan, you must file a notice of your

intention to participate in discovery (a “Discovery Notice”), and in the manner set forth in 

Attachment 1. If you file your Discovery Notice on or before August 15, 2021, you may be granted 

access to documents in the Plan Depository, where information and documents concerning the 

Plan are kept, see Paragraph 8 below, and will also be able to serve your own discovery requests. 

If you file your Discovery Notice after August 15, 2021, but on or before October 19, 2021, you 

may be granted access to documents in the Plan Depository. Please note that access to the 

information in the Plan Depository may also require complying with the Debtors’ access 

requirements.

4. You must submit the Discovery Notice in the form set forth in Attachment 1, which 

must:

a. Be in writing, in English, and be signed;

b. State your name, address, the nature of your Claim, and your Claim number;

c. State your intention to participate in discovery in connection with 

confirmation of the Plan; and

d. Be filed electronically with the Court on the docket using the CM/ECF 

docket event Notice of Intent to Participate in Discovery for 

Commonwealth Plan Confirmation, in In re Commonwealth of Puerto Rico,

Case No. 17 BK 3283-LTS, through the Court’s case filing system on or 

before the applicable deadline.

i. If you are not represented by counsel, you may instead mail your

Discovery Notice to the Court’s Clerk’s office at:

United States District Court, Clerk’s Office

150 Ave. Carlos Chardon Ste. 150

San Juan, P.R. 00918-1767

so as to be received on or before the applicable deadline.

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 4

5. You must timely file a Discovery Notice to participate in discovery in 

connection with confirmation of the Plan. Failure to timely file a Discovery Notice, however, 

will not preclude you from filing an objection to confirmation of the Plan on or before the 

confirmation Objection Deadline (as defined below), but will preclude you from being able to view 

documents in the Plan Depository, and from taking discovery.

6. Discovery Timetable and Deadlines. The Court has established the following 

discovery dates and deadlines, which are applicable to the Debtors and to other parties in interest 

who have timely filed a Discovery Notice and are eligible to participate in discovery:2

Summary of Certain Deadlines

August 3, 2021 Deadline for Debtors to file Preliminary Fact Witness List

Deadline for Debtors to file Opening Summary Brief

August 6, 2021 Opening date to serve Requests for Production of Documents (All 

Parties)

August 15, 2021 Deadline for Creditors to file Notice of Intent to Participate in 

Discovery in order to be eligible to access the Plan Depository and 

serve discovery requests

September 6, 2021 Deadline for Creditors to file Preliminary Fact Witness List

Deadline to file Opening Expert Disclosures (All Parties)

September 13, 2021 Deadline to file Opening Expert Reports (All Parties)

October 1, 2021 Deadline to file Interrogatories (All Parties)

Deadline to file Follow-Up Production Requests (All Parties)

October 4, 2021 Deadline to file Rebuttal Expert Disclosures (All Parties)

October 8, 2021 Deadline to file Rebuttal Expert Reports (All Parties)

Deadline for Debtors to file Initial Proposed Confirmation Order

October 11, 2021 Deadline to file Admission Requests (All Parties)

Close of Fact Discovery

2 All of the dates and procedures set forth in this notice are subject to change by further Court 

order.

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 5

Summary of Certain Deadlines

October 18, 2021 Close of Expert Discovery

October 19, 2021 Deadline for Creditors to file Objections to Confirmation of the Plan

Deadline for Creditors to file Notice of Intent to Participate in 

Discovery in order to access the Plan Depository

October 22, 2021 Deadline for Creditors to file Objections to Debtors’ Initial 

Proposed Confirmation Order

Deadline to file Finalized Witness Lists, Exhibit Lists and 

Deposition Designations (All Parties)

October 25, 2021 Deadline for Debtors to file Replies to Objections to Confirmation 

of the Plan

Deadline to file Witness Declarations to be used at the Confirmation 

Hearing (All Parties)

Deadline for Debtors to file Initial Proposed Findings of Fact and 

Conclusions of Law in Support of Confirmation of the Plan

October 27, 2021 Deadline for Debtors to file Replies in Support of Proposed 

Confirmation Order

November 8, 2021 Start of Confirmation Hearing

7. The dates and deadlines set forth herein may be adjusted if the Disclosure Statement 

is approved after July 30, 2021, and under such other circumstances as may be determined by the 

Court. You will receive notices with additional information regarding further proceedings in 

connection with confirmation of the Plan after the Court makes its determination regarding the 

Disclosure Statement.

8. Plan Confirmation Depository. Information and documents relating to 

confirmation of the Plan are available online in the Plan Confirmation Depository at 

titleiiiplandataroom.com.

9. Additional Information. Any party in interest wishing to obtain copies of the Plan, 

including Spanish translations thereof, should contact Prime Clerk LLC, by telephone at (844) 

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 6

822-9231 (toll free for U.S. and Puerto Rico) or (646) 486-7944 (for international callers), 

available 10:00 a.m. to 7:00 p.m. (Atlantic Standard Time) (Spanish available), or by email at 

puertoricoinfo@primeclerk.com, or may view such documents by accessing either 

https://cases.primeclerk.com/puertorico/ or the Court’s website, https://www.prd.uscourts.gov/. 

Please note that a Public Access to Court Electronic Records (“PACER”) 

(http://www.pacer.psc.uscourts.gov) password and login are needed to access documents on the

Court’s website.

Dated: July 20, 2021

San Juan, Puerto Rico

Respectfully submitted,

/s/ Martin J. Bienenstock

Martin J. Bienenstock (pro hac vice)

Brian S. Rosen (pro hac vice)

Margaret A. Dale (pro hac vice)

Julia D. Alonzo (pro hac vice)

Laura Stafford (pro hac vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Co-Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

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ATTACHMENT 1

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 8

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.3

-------------------------------------------------------------------

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY FOR

CONFIRMATION OF COMMONWEALTH PLAN OF ADJUSTMENT

If this Notice is filed on or before August 15, 2021, you may be granted access to 

documents in the Plan Depository, where information and documents concerning the Plan 

are kept, and you will also be able to serve your own discovery requests. If you file this Notice 

after August 15, 2021, but on or before October 19, 2021, you may be granted access to 

documents in the Plan Depository, but you will not be able to serve your own discovery 

requests. Please note that access to the information in the Plan Depository may also require 

complying with the Debtors’ access requirements. If this Notice is filed after October 19, 

2021, you will not be permitted to participate in discovery. If you do not file this Notice, you 

will still be able to vote on the Plan, if you are otherwise qualified to vote.

The party identified below (the “Participant”) hereby advises the Debtors that it 

intends to participate in discovery in connection with confirmation of the Debtors’ proposed Plan.

3 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”) (Bankruptcy Case No. 19-BK5523-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed as Bankruptcy Case 

numbers due to software limitations).

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 9

Participant must provide all of the information below in English:

1. Participant’s contact information, including email address, and that of its counsel, 

if any:

Participant’s Name:

Participant’s Address:

Participant’s Email Address:

Name of Counsel:

Address of Counsel:

Email Address of Counsel:

2. Participant’s Claim number and the nature of Participant’s Claim:

Claim Number:

Nature of Claim:

By:

Signature

Print Name

Title (if Participant is not an individual)

Date

Instructions for Filing Notice of Participation: If you are represented by counsel, this Notice 

must be filed electronically with the Court on the docket using the CM/ECF docket event Notice 

of Intent to Participate in Discovery for Commonwealth Plan Confirmation, in In re 

Commonwealth of Puerto Rico, Case No. 17 BK 3283-LTS, through the Court’s case filing 

system on or before the applicable deadline. If you are not represented by counsel, you may 

instead mail this Notice to the Court’s Clerk’s Office at: United States District Court, Clerk’s 

Office, 150 Ave. Carlos Chardon Ste. 150, San Juan, P.R. 00918-1767.

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Exhibit C

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Exhibit C

Supplemental Service List

Served via First Class Mail

MMLID NAME ADDRESS ADDRESS 2 CITY STATE POSTAL CODE

606730 AMERICAN LIBRARY ASSOC 225 N. MICHIGAN AVE SUITE 1300 CHICAGO IL 60601

62938 CADIZ TAPIA, JULIO A ADDRESS ON FILE

1772596 Celia Rodriguez Y Francisco O Quinones Rodriguez ADDRESS ON FILE

2557622 Edna Feliciano Mateo ADDRESS ON FILE

1332343 FELIX TORRES RIOS TORR 526 TOA BAJA PR 00949

993753 FELIX TORRES RIOS ADDRESS ON FILE

183430 GARAY SANTIAGO, JENNIFER ADDRESS ON FILE

2365548 GONZALEZ TIRADO,MARIA J ADDRESS ON FILE

205634 GONZALEZ TORRES, ISIDRO ADDRESS ON FILE

212798 HARCOURT BROWN LLC PO BOX 1385 GEORGETOWN CO 80444-1335

2271648 Juan R Fonseca Valencia ADDRESS ON FILE

289800 MAIZ ACEVEDO, ROBERTO ADDRESS ON FILE

295810 MARCELA VELEZ SANCHEZ ADDRESS ON FILE

360635 NESTOR R DUPREY SALGADO ADDRESS ON FILE

807527 ORTEGA LUCIANO, IRIS ADDRESS ON FILE

2596795 Ortiz Santos, Miguel A. ADDRESS ON FILE

433634 REYES ALVARADO, ESILDA M ADDRESS ON FILE

468100 RODRIGUEZ COLON, LENZEL ADDRESS ON FILE

563900 VALCARCEL MELENDEZ, WILLIAM M ADDRESS ON FILE

827228 VALCARCEL ORTEGA, MANUEL ADDRESS ON FILE

1021491 VALENTIN MONTALVO, JOSE ADDRESS ON FILE

In re: The Commonwealth of Puerto Rico, et al.

Case No. 17-03283 (LTS) Page 1 of 1

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Exhibit D

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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, THE 

EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO, AND THE PUERTO RICO PUBLIC 

BUILDINGS AUTHORITY,

Debtors. 1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

NOTICE OF (I) APPROVAL OF DISCLOSURE 

STATEMENT, (II) ESTABLISHMENT OF RECORD DATES, 

(III) HEARING ON CONFIRMATION OF THE PLAN OF ADJUSTMENT

AND PROCEDURES FOR OBJECTION TO CONFIRMATION OF THE PLAN OF 

ADJUSTMENT, (IV) PROCEDURES AND DEADLINE FOR VOTING ON THE 

PLAN OF ADJUSTMENT AND MAKING CERTAIN ELECTIONS THEREUNDER

VOTING AND ELECTION DEADLINE: 5:00 p.m. (AST) on October 4, 2021 

OBJECTION DEADLINE: 5:00 p.m. (AST) on October 19, 2021

CONFIRMATION HEARING: November 8 – 10, 12, 15 – 18, and 22 - 23, 2021 at 9:30 a.m. (AST)

If you have any questions regarding this notice, please contact Prime Clerk LLC by telephone at (844) 822-9231 

(toll free for U.S. and Puerto Rico) or (646) 486-7944 (for international callers), available 10:00 a.m. to 7:00 p.m. 

(Atlantic Standard Time) (Spanish available), or by email at puertoricoinfo@primeclerk.com.

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-BK3567-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).

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2

PLEASE TAKE NOTICE OF THE FOLLOWING:

1. Approval of Disclosure Statement. By order, dated August 2, 2021 [ECF No. 

17639] (the “Disclosure Statement Order”), the United States District Court for the District of 

Puerto Rico (the “Court”) approved the adequacy of the information contained in the Disclosure 

Statement for the Seventh Amended Title III Joint Plan of Adjustment of the Commonwealth of 

Puerto Rico, et al., dated July 30, 2021 (as the same may be amended or modified, including all 

exhibits and attachments thereto, the “Disclosure Statement”), filed by the Financial Oversight and 

Management Board on behalf of the Debtors, and authorized the Debtors to solicit votes with 

respect to the acceptance or rejection of the Seventh Amended Title III Joint Plan of Adjustment of 

the Commonwealth of Puerto Rico, et al., dated July 30, 2021 (as the same may be amended or 

modified, including all exhibits and supplements thereto, the “Plan”). 2 

You may obtain a hard copy of the Plan and Disclosure Statement, including Spanish 

translations thereof, by contacting the Balloting Agent, Prime Clerk LLC:

Telephone (10:00 a.m. to 7:00 p.m. (AST)) (Spanish available): 

(844) 822-9231 (toll free for U.S. and Puerto Rico)

(646) 486-7944 (for international callers)

Email: puertoricoinfo@primeclerk.com

Alternatively, electronic copies of the Disclosure Statement and Plan are available by visiting 

https://cases.primeclerk.com/puertorico/.

2. Pursuant to the Disclosure Statement Order, the Debtors will mail materials needed 

for voting on the Plan or making elections on distributions thereunder (the “Solicitation Package”) 

to holders Claims in the following Classes (collectively, the “Voting Classes”): 

Class

Vintage PBA Bond Claims Class 1

Vintage PBA Bond Claims (Assured) Class 2

 2 All capitalized terms used but not otherwise defined shall have the meanings given to such terms in the Plan.

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Class

Vintage PBA Bond Claims (National) Class 3

Vintage PBA Bond Claims (Ambac) Class 4

Vintage PBA Bond Claims (FGIC) Class 5

Vintage PBA Bond Claims (Syncora) Class 6

Retail Vintage PBA Bond Claims Class 7

2011 PBA Bond Claims Class 8

Retail 2011 PBA Bond Claims Class 9

2012 PBA Bond Claims Class 10

Retail 2012 PBA Bond Claims Class 11

PBA/DRA Secured Claims Class 12

PBA General Unsecured Claims Class 13

PBA/DRA Unsecured Claims Class 14

Vintage CW Bond Claims Class 15

Retail Vintage CW Bond Claims Class 16

Vintage CW Bond Claims (Assured) Class 17

Vintage CW Bond Claims (National) Class 18

Vintage CW Bond Claims (Ambac) Class 19

Vintage CW Bond Claims (FGIC) Class 20

Vintage CW Bond Claims (Syncora) Class 21

Vintage CW Guarantee Bond Claims Class 23

Vintage CW Guarantee Bond Claims (Assured) Class 24

Vintage CW Guarantee Bond Claims (National) Class 25

Vintage CW Guarantee Bond Claims (Ambac) Class 26

Vintage CW Guarantee Bond Claims (FGIC) Class 27

Vintage CW Guarantee Bond Claims (Syncora) Class 28

2011 CW Bond Claims Class 30

Retail 2011 CW Bond Claims Class 31

2011 CW Bond Claims (Assured) Class 32

2011 CW Guarantee Bond Claims Class 34

2011 CW Series D/E/PIB Bond Claims Class 36

2011 CW Series D/E/PIB Bond Claims (Assured) Class 37

Retail 2011 CW Series D/E/PIB Bond Claims Class 38

2012 CW Bond Claims Class 40

Retail 2012 CW Bond Claims Class 41

2012 CW Bond Claims (Assured) Class 42

2012 CW Guarantee Bond Claims Class 44

2014 CW Bond Claims Class 46

Retail 2014 CW Bond Claims Class 47

2014 CW Guarantee Bond Claims Class 49

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Class

Retired JRS Participant Below-Threshold Claims Class 51B

Retired ERS Participant Above-Threshold Claims Class 51D

Retired JRS Participant Above-Threshold Claims Class 51E

Retired TRS Participant Above-Threshold Claims Class 51F

Active ERS Participant Claims Class 51G

Active JRS Participant Claims Class 51H

Active TRS Participant Claims Class 51I

VTP Payroll Participant Above-Threshold Claims Class 51L

AFSCME Claims Class 52

Dairy Producer Claims Class 53

Eminent Domain Claims Class 54

Med Center Claims Class 56

CW General Unsecured Claims Class 58

CW/HTA Claims Class 59

CW/Convention Center Claims Class 60

CW/PRIFA Rum Tax Claims Class 61

CW/MBA Claims Class 62

ERS Bond Claims Class 65

ERS General Unsecured Claims Class 66

Federal Claims Class 69

3. Confirmation Hearing. A hearing to consider confirmation of the Plan (the 

“Confirmation Hearing”) will be held before The Honorable Laura Taylor Swain, in via telephonic 

hearing through CourtSolutions on November 8 – 10, 12, 15 – 18, and 22 - 23, 2021 at 9:30 a.m. 

(Atlantic Standard Time). 

4. The Confirmation Hearing may be continued from time to time by the Court or the 

Oversight Board, without further notice or through adjournments announced in open court or as 

indicated in any notice of agenda of matters scheduled for hearing filed with the Court, and the 

Plan may be modified, if necessary, prior to, during, or as a result of the Confirmation Hearing, in 

accordance with the modification provisions of the Plan and Local Rule 3016-2, without further 

notice to interested parties.

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5. Plan Confirmation Depository. Information relating to confirmation of the Plan is 

available online in the Plan Confirmation Depository at titleiiiplandataroom.com.

6. Confirmation Objection Deadline. The Court has established 5:00 p.m. (Atlantic 

Standard Time) on October 19, 2021 (the “Confirmation Objection Deadline”) as the deadline 

to file objections or responses to confirmation of the proposed Plan.

7. Objections and Responses to Confirmation. Objections and responses to 

confirmation of the Plan must:

a. Be in writing, in English, and signed;

b. State the name, address, and nature of the Claim of the objecting or responding 

party;

c. State with particularity the basis and nature of any objection or response and 

include, where appropriate, proposed language to be inserted in the Plan to 

resolve any such objection or response;

d. Be filed electronically with the Court on the docket of In re Commonwealth of 

Puerto Rico, Case No. 17 BK 3283-LTS, through the Court’s case filing system 

in searchable portable document format on or before October 19, 2021 at 5:00 

p.m. (Atlantic Standard Time).

i. If you are not an attorney who is a registered user of the Court’s 

case filing system, you may instead mail your objection to the 

Court’s Clerk’s office at: 

United States District Court, Clerk’s Office 

150 Ave. Carlos Chardon Ste. 150, 

San Juan, P.R. 00918-1767

so as to be received on or before October 19, 2021 at 5:00 p.m. 

(Atlantic Standard Time), and 

e. Be served upon the Office of the United States Trustee for the District of Puerto 

Rico, Edificio Ochoa, 500 Tanca Street, Suite 301, San Juan, PR 00901 (re: In 

re: Commonwealth of Puerto Rico) so as to be received on or before the Final 

Confirmation Objection Deadline.

8. Participation in Confirmation Discovery. If you wish to participate in discovery 

in connection with confirmation of the Plan, you must file a notice of your intention to participate 

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in discovery (a “Discovery Notice”), a form of which is available at 

https://cases.primeclerk.com/puertorico/. If you file your Discovery Notice on or before August 

15, 2021, you may be granted access to documents in the Plan Depository, where information and 

documents concerning the Plan are kept, and will also be able to serve your own discovery 

requests. If you file your Discovery Notice after August 15, 2021, but on or before October 19, 

2021, you may be granted access to documents in the Plan Depository. Please note that access to 

the information in the Plan Depository may also require complying with the Debtors’ access 

requirements.

9. You must submit the Discovery Notice in the form provided on the Title III Case 

website above, which must:

a. Be in writing, in English, and be signed;

b. State your name, address, the nature of your Claim, and your Claim number;

c. State your intention to participate in discovery in connection with confirmation 

of the Plan; and

d. Be filed electronically with the Court on the docket using the CM/ECF docket 

event Notice of Intent to Participate in Discovery for Commonwealth Plan 

Confirmation, in In re Commonwealth of Puerto Rico, Case No. 17 BK 3283-

LTS, through the Court’s case filing system on or before the applicable 

deadline.

i. If you are not represented by counsel, you may instead mail your 

Discovery Notice to the Court’s Clerk’s office at:

United States District Court, Clerk’s Office

150 Ave. Carlos Chardon Ste. 150

San Juan, P.R. 00918-1767

so as to be received on or before the applicable deadline.

10. You must timely file a Discovery Notice to participate in discovery in 

connection with confirmation of the Plan. Failure to timely file a Discovery Notice, however, 

will not preclude you from filing an objection to confirmation of the Plan on or before the 

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Confirmation Objection Deadline, but will preclude you from being able to view documents in the 

Plan Depository, and from taking discovery.

11. Discovery Timetable and Deadlines. The Court has established the following 

discovery dates and deadlines, which are applicable to the Debtors and to other parties in interest 

who have timely filed a Discovery Notice and are eligible to participate in discovery:3

Summary of Certain Deadlines

August 3, 2021 Deadline for the Debtors to file a preliminary fact witness list and topics about which 

each witness will testify (“Debtors’ Preliminary Fact Witness List”). 

Deadline for the Debtors to file an opening summary brief explaining what the Debtors 

expect to prove at confirmation. 

August 6, 2021 Opening date for all parties to serve initial requests for production of non-depository 

documents (“Initial Production Requests”). Creditors and parties in interest may serve 

Initial Production Requests only following their filing of a Notice of Intent to Participate 

in Discovery (as defined below). Responses and objections to such Initial Production 

Requests shall be served within seven (7) days of service of such Requests. 

August 15, 2021 Deadline for Eligible Creditors and parties in interest to file a “Notice of Intent to 

Participate in Discovery,” also known as a “Discovery Notice.” Only parties who file a 

timely Notice of Intent to Participate in Discovery can propound discovery, but failure to 

do so does not preclude a party from objecting to confirmation of the Plan.

September 6, 2021 Deadline for Eligible Creditors to file a preliminary fact witness list and topics about 

which each witness is expected to testify (an “Eligible Creditor’s Preliminary Fact 

Witness List”). 

Deadline for all parties to serve opening expert disclosures (“Opening Expert 

Disclosures”).

September 13, 2021 Deadline for all parties to serve opening expert reports (“Opening Expert Reports”).

Deadline for all parties to serve initial notices of deposition, topics and requested times 

for depositions (“Initial Notices of Deposition”) (all parties are limited to seven (7)-hour 

time limit for depositions). Subsequent notices are allowed provided discovery is 

completed within time allowed.

September 30, 2021 Deadline for all parties to file Daubert motions and motions in limine.

October 1, 2021 Deadline for all parties to serve up to fifteen (15) interrogatories (“Interrogatories”), 

including subparts. Responses and objections to such Interrogatories shall be served 

within ten (10) days of service of such Interrogatories.

 3 All of the dates and procedures set forth in this notice are subject to change by further Court order.

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Summary of Certain Deadlines

October 4, 2021 Deadline for all parties to serve rebuttal expert disclosures (“Rebuttal Expert 

Disclosures”).

Deadline for all parties to file any follow-up requests for production (“Follow-Up 

Production Requests,” and collectively with Initial Production Requests, “Production 

Requests”).

October 8, 2021 Deadline for all parties to file rebuttal expert reports (“Rebuttal Expert Reports”). 

Deadline for the Debtors to file an initial proposed order in support of confirmation of 

the Plan (the “Initial Proposed Confirmation Order”). 

October 11, 2021 Deadline for all parties to serve requests for admission, limited to authentication of 

documents (“Admission Requests”). 

Completion of fact discovery (the “Fact Discovery Deadline”). 

October 15, 2021 Deadline for all parties to file oppositions to Daubert motions and motions in limine.

October 18, 2021 Completion of expert discovery (the “Expert Discovery Deadline”). 

October 19, 2021 Deadline for Eligible Creditors to file objections to confirmation of the Plan 

(“Objections”). 

Deadline to file Notice of Intent to Participate in Discovery or Discovery Notice for 

Eligible Creditors who solely want access to documents in the Plan Depository.

October 22, 2021 Deadline for Eligible Creditors to file objections to the Initial Proposed Confirmation 

Order. 

Deadline for all parties to file finalized witness lists, exhibit lists and deposition 

designations. 

Deadline for all parties to file replies to Daubert motions and motions in limine.

October 25, 2021 Deadline for all parties to file witness declarations to be used at the Confirmation 

Hearing (“Witness Declarations”). 

Deadline for Debtors to file initial proposed findings of fact and conclusions of law in 

support of confirmation of the Plan (the “Initial Findings of Fact and Conclusions of 

Law”). 

October 27, 2021 Deadline for Debtors to file Replies in Support of the Proposed Confirmation Order, and 

for Debtors to file Replies to Objections to Confirmation of the Plan.

October 30, 2021 Deadline for all parties to serve counter-designations, objections to deposition 

designations, or objections to exhibit lists.

November 1, 2021 Virtual hearing on motions in limine.

November 8, 2021 Start of Confirmation Hearing. 

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12. Voting Record Date. The voting record date is July 13, 2021 (the “Voting Record 

Date”), which is the date for determining which holders of Claims in Voting Classes (except Bond 

Classes,4 Class 51, and Class 52) are entitled to vote on the Plan. Therefore, only those creditors 

in a Class entitled to vote on the Plan and holding Claims against the Debtors (except in the Bond 

Classes, Class 51, and Class 52) as of the Voting Record Date are entitled to vote on the Plan.

13. Voting Deadline. The deadline for voting on the Plan is on October 4, 2021, at 

5:00 p.m. (Atlantic Standard Time), unless such time is extended (the “Voting Deadline”). You 

are not required to vote on the Plan to receive distributions pursuant to the terms of the Plan, if 

confirmed by the Court, and provided you hold an Allowed Claim.

14. If you received a Solicitation Package, including a Ballot or Notice and intend to 

vote on the Plan, you must: (a) follow the instructions carefully; (b) complete all of the required 

information on the Ballot (as applicable); and (c) either (i) execute and return your completed 

Ballot according to and as set forth in detail in the voting instructions included in the Solicitation 

Package so that your Ballot is actually received by the Debtors’ solicitation agent, Prime Clerk 

(the “Balloting Agent”) on or before the Voting Deadline, or (ii) instruct your broker or nominee 

(each, a “Nominee”) to electronically deliver your bonds via the Automated Tender Offer Program 

(“ATOP”) at The Depository Trust Company (“DTC”) in accordance with your desire to vote to 

accept or reject the Plan on or before the Voting Deadline. Failure to follow such instructions 

may disqualify your vote.

15. Election Deadline. The deadline for holders of eligible Bond Claims that have the 

right to make an election of the form of distributions under the Plan to make such election is on 

 4 For the avoidance of doubt, because holders of Claims in the Bond Classesmust submit their vote and/or election 

through DTC’s Automated Tender Offer Platform, the Voting Record Date shall not apply to the Bond Classes, 

and the holder of the applicable security at the time of tender shall be eligible to cast a vote and/or make an election.

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October 4, 2021, at 5:00 p.m. (Atlantic Standard Time), unless such time is extended (the 

“Election Deadline”). If you received a Notice with an option to make an election, you must: (a) 

follow the instructions carefully; and (b) deliver all of the required information according to and 

as set forth in detail in the election instructions so that it is received by your Nominee in sufficient 

time for your Nominee to actually effectuate your election through DTC’s ATOP on or before the 

Election Deadline. 

16. Parties in Interest Not Entitled to Vote. Creditors in the following Classes are 

deemed to reject the Plan and not entitled to vote:

• Class 63 (CW Appropriations Claims), and

• Class 64 (CW 510(b) Subordinated Claims).

17. Creditors in the following Classes are deemed to accept the Plan and not 

entitled to vote, but will receive distributions pursuant to the terms of the Plan, if confirmed 

by the Court:

• Class 51A (Retired ERS Participant Below-Threshold Claims),

• Class 51C (Retired TRS Participant Below-Threshold Claims),

• Class 51J (System 2000 Participant Claims),

• Class 51K (VTP Payroll Participant Below-Threshold Claims),

• Class 55 (Energy Incentive Claims),

• Class 57 (Tax Credit Claims),

• Class 67 (Gracia-Gracia Claims), and

• Class 68 (Convenience Claims).

18. If a Claim is listed on the Debtors’ list of creditors [Case No. 17-3283, ECF Nos. 

1215, 1316, 2582, 10708] as contingent, unliquidated, or disputed and a proof of claim was not (i) 

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filed by the earlier of the applicable bar date for the filing of proofs of claim established by the 

Court or the Voting Record Date (as applicable); or (ii) deemed timely filed by an order of the 

Court prior to the Voting Deadline, such Claim shall not be entitled to vote to accept or reject the 

Plan. Proofs of claim filed for $0.00 or Claims that have been expunged by order of the Court are 

also not entitled to vote. 

19. If you are in Classes 63 or 64, or have timely filed a proof of claim and disagree 

with the Debtors’ classification of, objection to, or request for estimation of your Claim and believe 

you should be entitled to vote on the Plan, you must serve the Debtors and the U.S. Trustee (address 

listed in paragraph 7(e) above) and file with the Court (with a copy to Chambers) a motion (a “Rule 

3018(a) Motion”) for an order pursuant to Rule 3018 of the Federal Rules of Bankruptcy Procedure 

(the “Bankruptcy Rules”) temporarily allowing your Claim in a different amount or in a different 

Class for purposes of voting to accept or reject the Plan. All Rule 3018(a) Motions must be filed 

on or before the tenth (10th) day after the later of (i) service of this Confirmation Hearing Notice 

and (ii) service of notice of an objection or request for estimation, if any, as to such Claim. In 

accordance with Bankruptcy Rule 3018(a), as to any to any creditor filing a Rule 3018(a) Motion, 

such creditor’s Ballot will not be counted except as may be otherwise ordered by the Court prior 

to the Voting Deadline (October 4, 2021 at 5:00 p.m. (Atlantic Standard Time)). Creditors may 

contact the Balloting Agent (i) via first class mail or via overnight courier, at Puerto Rico Ballot 

Processing, C/O Prime Clerk LLC, One Grand Central Place, 60 East 42nd Street, Suite 1440, New 

York, NY 10165, (ii) by telephone at (844) 822-9231 (toll free for U.S. and Puerto Rico) or (646) 

486-7944 (for international callers), available 10:00 a.m. to 7:00 p.m. (Atlantic Standard Time) 

(Spanish available), or (iii) by email at puertoricoinfo@primeclerk.com, to receive an appropriate 

Ballot for any Claim for which a proof of claim has been timely filed and a Rule 3018(a) Motion 

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has been granted. Rule 3018(a) Motions that are not timely filed and served in the manner set 

forth herein shall not be considered.

20. If you wish to have your Claim temporarily allowed for voting purposes pursuant 

to Bankruptcy Rule 3018(a), a form of Rule 3018(a) motion together with instructions for filing 

and serving the motion is available at https://cases.primeclerk.com/puertorico/.

21. Parties Who Will Not Be Treated as Creditors. Any holder of a Claim that (i) is 

scheduled in the List of Creditors at $0.00 and is not the subject of a timely filed proof of Claim 

or a proof of claim deemed timely filed with the Court pursuant to either the Bankruptcy Code or 

any order of the Court, or otherwise deemed timely filed under applicable law, or (ii) is not 

scheduled and is not the subject of a timely filed proof of claim or a proof of claim deemed timely 

filed with the Court pursuant to either the Bankruptcy Code or any order of the Court, or otherwise 

deemed timely filed under applicable law, shall not be treated as a creditor with respect to such 

Claim for purposes of (a) receiving notices regarding the Plan, and (b) voting on the Plan.

22. Additional Information. Any party in interest wishing to obtain information about 

the solicitation procedures or copies of the Disclosure Statement or the Plan, including Spanish 

translations thereof, should contact the Balloting Agent, Prime Clerk LLC, by telephone at (844) 

822-9231 (toll free for U.S. and Puerto Rico) or (646) 486-7944 (for international callers), 

available 10:00 a.m. to 7:00 p.m. (Atlantic Standard Time) (Spanish available), or by email at 

puertoricoinfo@primeclerk.com, or may view such documents by accessing either 

https://cases.primeclerk.com/puertorico/ or the Court’s website, https://www.prd.uscourts.gov/. 

Please note that a Public Access to Court Electronic Records (“PACER”) 

(http://www.pacer.psc.uscourts.gov) password and login are needed to access documents on the 

Court’s website.

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23. Bankruptcy Rules 2002(c)(3) and 3016(c)). In accordance with Bankruptcy 

Rules 2002(c)(3) and 3016(c), set forth below are the release, exculpation, and injunction 

provisions contained in the Plan:

Section 92.2 – Discharge and Release of Claims and Causes of Action: 

(a) Except as expressly provided in the Plan or the Confirmation Order, all 

distributions and rights afforded under the Plan shall be, and shall be deemed to be, in exchange 

for, and in complete satisfaction, settlement, discharge and release of, all Claims or Causes of 

Action against the Released Parties that arose, in whole or in part, prior to the Effective Date, 

relating to the Title III Cases, the Debtors or Reorganized Debtors or any of their respective 

Assets, property, or interests of any nature whatsoever, including any interest accrued on such 

Claims from and after the Petition Date, and regardless of whether any property will have been 

distributed or retained pursuant to the Plan on account of such Claims or Causes of Action. 

Upon the Effective Date, the Debtors and Reorganized Debtors shall be deemed discharged and 

released from any and all Claims, Causes of Action and any other debts that arose, in whole or in 

part, prior to the Effective Date (including prior to the Petition Date), and Claims of the kind 

specified in sections 502(g), 502(h) or 502(i) of the Bankruptcy Code and PROMESA Section 

407, whether or not (a) a proof of claim based upon such Claim is filed or deemed filed under 

section 501 of the Bankruptcy Code, (b) such Claim is allowed under section 502 of the 

Bankruptcy Code and PROMESA Section 407 (or is otherwise resolved), or (c) the holder of a 

Claim based upon such debt voted to accept the Plan. For the avoidance of doubt, nothing 

contained herein or in the Confirmation Order shall release, discharge or enjoin any claims or 

causes of action against PREPA arising from or related to PREPA-issued bonds, including, 

without limitation, Monoline-issued insurance pertaining thereto, and PREPA is not releasing 

any claims or causes of action against any non-Debtor Entity. Claims and causes of action 

against PREPA arising from or related to PREPA-issued bonds, and releases against PREPA and 

its assets shall be addressed in PREPA’s Title III case, including, without limitation, any plan of 

adjustment therein. 

(b) Except as expressly provided in the Plan or the Confirmation Order, all 

Entities shall be precluded from asserting any and all Claims against the Debtors and 

Reorganized Debtors, and each of their respective Assets, property and rights, remedies, Claims 

or Causes of Action or liabilities of any nature whatsoever, relating to the Title III Cases, the 

Debtors or Reorganized Debtors or any of their respective Assets and property, including any 

interest accrued on such Claims from and after the Petition Date, and regardless of whether any 

property will have been distributed or retained pursuant to the Plan on account of such Claims or 

other obligations, suits, judgments, damages, debts, rights, remedies, causes of action or 

liabilities. In accordance with the foregoing, except as expressly provided in the Plan or the 

Confirmation Order, the Confirmation Order shall constitute a judicial determination, as of the 

Effective Date, of the discharge and release of all such Claims, Causes of Action or debt of or 

against the Debtors and the Reorganized Debtors pursuant to sections 524 and 944 of the 

Bankruptcy Code, applicable to the Title III Case pursuant to Section 301 of PROMESA, and 

such discharge shall void and extinguish any judgment obtained against the Debtors or 

Reorganized Debtors and their respective Assets, and property at any time, to the extent such 

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judgment is related to a discharged Claim, debt or liability. As of the Effective Date, and in 

consideration for the value provided under the Plan, each holder of a Claim in any Class under 

this Plan shall be and hereby is deemed to release and forever waive and discharge as against the 

Debtors and Reorganized Debtors, and their respective Assets and property and all such Claims.

(c) Notwithstanding any other provisions of this Section 92.2, in accordance 

with the provisions of the GO/PBA Plan Support Agreement, each of the GO/PBA PSA 

Creditors and their respective Related Persons, solely in their capacity as Creditors of the 

Debtors, shall (i) be deemed to have released and covenanted not to sue or otherwise pursue or 

seek to recover damages or to seek any other type of relief against any of the Government 

Releasees based upon, arising from or relating to the Government Released Claims or any of the 

Claims or Causes of Action asserted or which could have been asserted, including, without 

limitation, in the Clawback Actions and the Lift Stay Motions, and (ii) not directly or indirectly 

aid any person in taking any action with respect to the Government Released Claims that is 

prohibited by this Section 92.2.

(d) SEC Limitation. Notwithstanding anything contained herein or in the 

Confirmation Order to the contrary, no provision shall (i) preclude the SEC from enforcing its 

police or regulatory powers, or (ii) enjoin, limit, impair or delay the SEC from commencing or 

continuing any claims, causes of action, proceedings or investigations against any non-debtor 

person or non-debtor entity in any forum. 

(e) United States Limitation. Notwithstanding anything contained herein or in 

the Confirmation Order to the contrary, no provision shall (i) impair the United States, its 

agencies, departments, or agents, or in any manner relieve the Debtors or the Reorganized 

Debtors, as the case may be, from compliance with federal laws or territorial laws and 

requirements implementing a federally authorized or federally delegated program protecting the 

health, safety, and environment of persons in such territory, (ii) expand the scope of any 

discharge, release, or injunction to which the Debtors or the Reorganized Debtors are entitled 

under Title III, and (iii) discharge, release, enjoin, or otherwise bar (A) any liability of the 

Debtors or the Reorganized Debtors to the United States arising from and after the Effective 

Date, (B) any liability to the United States that is not a Claim, (C) any affirmative defense or any 

right of setoff or recoupment of the United States, the Debtors or the Reorganized Debtors, as the 

case may be, and such rights of setoff and recoupment of such parties are expressly preserved, 

(D) the continued validity of the obligations of the United States, the Debtors or the Reorganized 

Debtors, as the case may be, under any United States grant or cooperative assistance agreement, 

(E) the Debtors’ or the Reorganized Debtors’ obligations arising under federal police or 

regulatory laws, including, but not limited to, laws relating to the environment, public health or 

safety, or territorial laws implementing such federal legal provisions, including, but not limited 

to, compliance obligations, requirements under consent decrees or judicial orders, and 

obligations to pay associated administrative, civil, or other penalties, and (F) any liability to the 

United States on the part of any non-debtor. Without limiting the foregoing, nothing contained 

herein or in the Confirmation Order shall be deemed (i) to determine the tax liability of any 

Entity, including, but not limited to, the Debtors and the Reorganized Debtors, (ii) to be binding 

on the IRS with regard to the federal tax liabilities, tax status, or tax filing and withholding 

obligations of any entity, including, but not limited to, the Debtors and the Reorganized Debtors, 

(iii) to release, satisfy, discharge, or enjoin the collection of any claim of the IRS against any 

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Entity other than the Debtors and the Reorganized Debtors, and (iv) to grant any relief to any 

Entity that the Court is prohibited from granting the Declaratory Judgment Act, 28 U.S.C. § 

2201(a), or the Tax Anti-Injunction Act, 26 U.S.C. § 7421(a). 

(f) Underwriter Actions. Notwithstanding anything contained herein or in the 

Confirmation Order to the contrary, including, without limitation, Sections 92.2, 92.3 and 92.11 

of the Plan, except as may be precluded pursuant to the provisions of PROMESA, nothing in the 

Plan, the Confirmation Order or any Plan-related document set forth in the Plan Supplement is 

intended, nor shall it be construed, to impair, alter, modify, diminish, prohibit, bar, restrain, 

enjoin, release, reduce, eliminate or limit the rights of the plaintiffs and defendants, including, 

without limitation, the parties to the Underwriter Actions, from asserting their respective rights, 

claims, causes of action or defenses in the Underwriter Actions, including, but not limited to, any 

Claims, defenses, Causes of Action, and rights of setoff or recoupment (to the extent available). 

Section 92.3 – Injunction on Claims: 

Except as otherwise expressly provided in the Plan, the Confirmation Order or such other 

Final Order of the Title III Court that may be applicable, all Entities who have held, hold or may 

hold Claims or any other debt or liability that is discharged or released pursuant to Section 92.2 

hereof or who have held, hold or may hold Claims or any other debt or liability that is discharged 

or released pursuant to Section 92.2 hereof are permanently enjoined, from and after the 

Effective Date, from (a) commencing or continuing, directly or indirectly, in any manner, any 

action or other proceeding (including, without limitation, any judicial, arbitral, administrative or 

other proceeding) of any kind on any such Claim or other debt or liability that is discharged 

pursuant to the Plan against any of the Released Parties or any of their respective assets or 

property, (b) the enforcement, attachment, collection or recovery by any manner or means of any 

judgment, award, decree or order against any of the Released Parties or any of their respective 

assets or property on account of any Claim or other debt or liability that is discharged pursuant to 

the Plan, (c) creating, perfecting, or enforcing any encumbrance of any kind against any of the 

Released Parties or any of their respective assets or property on account of any Claim or other 

debt or liability that is discharged pursuant to the Plan, and (d) except to the extent provided, 

permitted or preserved by sections 553, 555, 556, 559, or 560 of the Bankruptcy Code or 

pursuant to the common law right of recoupment, asserting any right of setoff, subrogation or 

recoupment of any kind against any obligation due from any of the Released Parties or any of 

their respective assets or property, with respect to any such Claim or other debt or liability that is 

discharged pursuant to the Plan. Such injunction shall extend to all successors and assigns of the 

Released Parties and their respective assets and property.

Section 92.5 – Releases by the Debtors and Reorganized Debtors:

Except as otherwise expressly provided in the Plan or the Confirmation Order, on the 

Effective Date, and for good and valuable consideration, each of the Debtors and Reorganized 

Debtors, the Disbursing Agent and each of the Debtors’ and Reorganized Debtors’ Related 

Persons shall be deemed to have and hereby does irrevocably and unconditionally, fully, finally 

and forever waive, release, acquit, and discharge the Released Parties from any and all Claims or 

Causes of Action that the Debtors, Reorganized Debtors, and the Disbursing Agent, or any of 

them, or anyone claiming through them, on their behalf or for their benefit, have or may have or 

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claim to have, now or in the future, against any Released Party that are Released Claims or 

otherwise are based upon, relate to, or arise out of or in connection with, in whole or in part, any 

act, omission, transaction, event or other circumstance relating to the Title III Cases or the 

Debtors taking place or existing on or prior to the Effective Date, and/or any Claim, act, fact, 

transaction, occurrence, statement, or omission in connection therewith or alleged or that could 

have been alleged, including, without limitation, any such Claim, demand, right, liability, or 

cause of action for indemnification, contribution, or any other basis in law or equity for damages, 

costs or fees. 

Section 92.6 – Injunction Related to Releases: 

As of the Effective Date, all Entities that hold, have held, or may hold a Released Claim 

that is released pursuant to Section 92.5 of the Plan, are, and shall be, permanently, forever and 

completely stayed, restrained, prohibited, barred and enjoined from taking any of the following 

actions, whether directly or indirectly, derivatively or otherwise, on account of or based on the 

subject matter of such discharged Released Claims: (i) commencing, conducing or continuing in 

any manner, directly or indirectly, any suit, action or other proceeding (including, without 

limitation, any judicial, arbitral, administrative or other proceeding) in any forum; (ii) enforcing, 

attaching (including, without limitation any prejudgment attachment), collecting, or in any way

seeking to recover any judgment, award, decree, or other order; (iii) creating, perfecting or in any 

way enforcing in any matter, directly or indirectly, any Lien; (iv) setting off, seeking 

reimbursement or contributions from, or subrogation against, or otherwise recouping in any 

manner, directly or indirectly, any amount against any liability or obligation owed to any Entity 

released under Section 92.5 hereof; and (v) commencing or continuing in any manner, in any 

place or any judicial, arbitration or administrative proceeding in any forum, that does not comply 

with or is inconsistent with the provisions of the Plan or the Confirmation Order. For the 

avoidance of doubt, the following stipulations will terminate upon the entry of the Confirmation 

Order: the Fourth Amended Stipulation Between the Commonwealth of Puerto Rico and the 

Puerto Rico Highways and Transpiration Authority Regarding the Tolling of Statute of 

Limitations and Consent Order [Case No. 173283-LTS, ECF No. 15854], as amended; and the 

Fourth Amended Stipulation and Consent Order Between Title III Debtors (Other Than 

COFINA) and the Puerto Rico Fiscal Agency and Financial Advisory Authority Acting on 

Behalf of the Governmental Entities Listed on Appendix “B” Regarding the Tolling of Statute of

Limitations [Case NO. 17-3283-LTS, ECF No. 17394], as amended. 

Section 92.7 – Exculpation:

(a) Government Parties: The Oversight Board, AAFAF, the Debtors, and 

each of their respective Related Persons, solely acting in its capacity as such at any time up to 

and including the Effective Date, shall not have or incur any liability to any Entity for any act 

taken or omitted to be taken in connection with the Title III Cases, the formulation, preparation, 

dissemination, implementation, confirmation or approval of the Plan or any compromises or 

settlements contained therein, the Disclosure Statement, or any contract, instrument, release or 

other agreement or document provided for or contemplated in connection with the consummation 

of the transactions set forth in the Plan; provided, however, that the foregoing provisions of this 

Section 89.7 shall not affect the liability of any Entity that otherwise would result from any such 

act or omission to the extent that such act or omission is determined in a Final Order to have 

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constituted intentional fraud or willful misconduct. Nothing in the foregoing provisions of this 

Section 89.7(a) shall prejudice the right of any of the Government Parties, and the Government 

Parties’ officers and directors serving at any time up to and including the Effective Date, and 

each of their respective professionals to assert reliance upon advice of counsel as a defense with 

respect to their duties and responsibilities under the Plan.

(b) PSA Creditors: Each of the PSA Creditors solely in its capacity as a party 

to the GO/PBA Plan Support Agreement and/or the HTA/CCDA Plan Support Agreement and a 

Creditor and/or insurer, as applicable, from the Petition Date up to and including the Effective 

Date and each of their respective Related Persons shall not have or incur any liability to any 

Entity for any act taken or omitted to be taken in connection with the Title III Cases, mediation, 

the negotiation, formation, preparation, dissemination, implementation, confirmation or approval 

of the Plan or any compromises or settlements contained therein, the Disclosure Statement, the 

GO/PBA Plan Support Agreement, the HTA/CCDA Plan Support Agreement, the Definitive 

Documents, or any other contract, instrument, release or other agreement or document provided 

for or contemplated in connection with the consummation of the transactions set forth in the 

Plan; provided, however, that the foregoing provisions of this Section 92.7(b) shall not affect the 

liability of any Entity that otherwise would result from any such act or omission to the extent that 

such act or omission is determined in a Final Order to have constituted intentional fraud or 

willful misconduct.

(c) Retiree Committee: Each of the members of the Retiree Committee, 

solely in its capacity as a member of the Retiree Committee and a Creditor, as applicable, from 

the Petition Date up to and including the Effective Date and each of the Retiree Committee’s 

Related Persons shall not have or incur any liability to any Entity for any act taken or omitted to 

be taken in connection with the Title III Cases, the formation, preparation, dissemination, 

implementation, confirmation or approval of the Plan or any compromises or settlements 

contained therein, the Disclosure Statement, the Retiree Committee Plan Support Agreement, or 

any contract, instrument, release or other agreement or document provided for or contemplated 

in connection with the consummation of the transactions set forth in the Plan and the Retiree 

Committee Plan Support Agreement; provided, however, that, the foregoing provisions of this 

Section 92.7(c) shall not affect the liability of any Entity that otherwise would result from any 

such act or omission to the extent that such act or omission is determined in a Final Order to 

have constituted intentional fraud or willful misconduct.

(d) Creditors’ Committee: Each of the members of the Creditors’ Committee, 

solely in its capacity as a member of the Creditors’ Committee, and the Creditors’ Committee, 

from the Petition Date up to and including the Effective Date and each of the Creditors’ 

Committee’s Related Persons shall not have or incur any liability to any Entity for any act taken 

or omitted to be taken in connection with the Title III Cases, the formation, preparation, 

dissemination, implementation, confirmation or approval of the Plan or any compromises or 

settlements contained therein, the Disclosure Statement, or any contract, instrument, release or 

other agreement or document provided for or contemplated in connection with the consummation 

of the transactions set forth in the Plan; provided, however, that the foregoing provisions of this 

Section 92.7(d) shall not affect the liability of any Entity that would otherwise result from any 

such act or omission to the extent such act or omission is determined in a Final Order to have 

constituted intentional fraud or willful misconduct. 

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(e) AFSCME: Each of AFSCME solely in its capacity as a party to the 

AFSCME Plan Support Agreement and a Creditor, as applicable, from the Petition Date up to 

and including the Effective Date and each of their respective Related Persons shall not have or 

incur any liability to any Entity for any act taken or omitted to be taken in connection with the 

Title III Cases, the formation, preparation, dissemination, implementation, confirmation or 

approval of the Plan or any compromises or settlements contained therein, the Disclosure 

Statement, the AFSCME Plan Support Agreement, or any contract, instrument, release or other 

agreement or document provided for or contemplated in connection with the consummation of 

the transaction set forth in the Plan and the AFSCME Plan Support Agreement; provided, 

however, that, the foregoing provisions of this Section 89.7(e) shall not affect the liability of any 

Entity that otherwise would result from any such act or omission to the extent that such act or 

omission is determined in a Final Order to have constituted intentional fraud or willful 

misconduct. 

(f) Monoline Insurers: Ambac, Assured, FGIC, National, Syncora, and their 

Related Persons shall not have or incur any liability to any Entity for any act taken or omitted to 

be taken consistent with the Plan or in connection with the formulation, preparation, 

dissemination, implementation, acceptance, confirmation or approval of the Plan, including, 

without limitation, in connection with the treatment of Ambac Insured Bond Claims, Assured 

Insured Bond Claims, FGIC Insured Bond Claims, National Insured Bond Claims, or Syncora 

Insured Bond Claims, the voting procedures, the election procedures, and any release of 

obligations under the applicable Ambac Insurance Policies, Assured Insurance Policies, FGIC 

Insurance Policies, National Insurance Policies, or Syncora Insurance Policies: provided, 

however, that, notwithstanding anything contained herein to the contrary, the terms and 

provisions of the Plan shall not, and shall not be construed to, release or exculpate, with respect 

to any beneficial holder of Ambac Insured Bonds, Assured Insured Bonds, FGIC Insured Bonds, 

National Insured Bonds, or Syncora Insured Bonds any payment obligation under the applicable 

Ambac Insurance Policy, Assured Insurance Policy, FGIC Insurance Policy, National Insurance 

Policy, or Syncora Insurance Policy in accordance with its terms solely to the extent of any 

failure of such holder to receive the Ambac Treatment, Assured Treatment, FGIC Treatment, 

National Treatment, or Syncora Treatment, as applicable (or any claims that Ambac, Assured, 

FGIC, National, or Syncora may have against a beneficial holder of respective insured bonds 

with respect to Ambac’s, Assured’s, FGIC’s, National’s or Syncora’s applicable obligations 

under the Ambac Insurance Policies, Assured Insurance Policies, National Insurance Policies, or 

Syncora Insurance Policies, as applicable). 

Section 92.8 – Appointments Related Litigation:

Notwithstanding anything contained herein to the contrary, in the event that a Final Order 

is entered in connection with the Appointments Related Litigation or the Uniformity Litigation 

subsequent to entry of the Confirmation Order, in consideration of the distributions made, to be 

made, or deemed to be made in accordance with the terms and provisions of the Plan and 

documents and instruments related hereto, all Creditors or such other Entities receiving, or 

deemed to have received, distributions pursuant to or as a result of the Plan, consent and agree 

that such Final Order shall not in any way or manner reverse, affect or otherwise modify the 

transactions contemplated in the Plan and the Confirmation Order, including, without limitation, 

the releases, exculpations and injunctions provided pursuant to Article XCII of the Plan.

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Section 92.9 – Bar Order: 

To the limited extent provided in the Plan, each and every Entity is permanently enjoined, 

barred and restrained from instituting, prosecuting, pursuing or litigating in any manner any and 

all Claims, demands, rights, liabilities, or causes of action of any and every kind, character or 

nature whatsoever, in law or in equity, known or unknown, direct or derivative, whether asserted 

or unasserted, against any of the Released Parties, based upon, related to, or arising out of or in 

connection with any of the Released Claims, confirmation and consummation of the Plan, the 

negotiation and consummation of the GO/PBA Plan Support Agreement, or any claim, act, fact, 

transaction, occurrence, statement or omission in connection with or alleged or that could have 

been alleged in the Title III Cases, including, without limitation, any such claim, demand, right, 

liability or cause of action for indemnification, contribution, or any other basis in law or equity

for damages, costs or fees incurred arising directly or indirectly from or otherwise relating to the 

Title III Cases, either directly or indirectly by any Person for the direct or indirect benefit of any 

Released Party arising from or related to the claims, acts, facts, transactions, occurrences, 

statements or omissions that are, could have been or may be alleged in the related actions or any 

other action brought or that might be brought by, through, on behalf of, or for the benefit of any 

of the Released Parties (whether arising under federal, state or foreign law, and regardless of 

where asserted).

Section 92.11 – Supplemental Injunction:

Notwithstanding anything contained herein to the contrary, except to the limited extent 

provided in the Plan, all Entities, including Entities acting on their behalf, who currently hold or 

assert, have held or asserted, or may hold or assert, any Released Claims against any of the 

Released Parties based upon, attributable to, arising out of or relating to the Title III Cases or any 

Claim against the Debtors, whenever and wherever arising or asserted, whether in the United 

States or anywhere else in the world, whether sounding in tort, contract, warranty, statute, or any 

other theory of law, equity or otherwise, shall be, and shall be deemed to be, permanently stayed, 

restrained and enjoined from taking any action against any of the Released Parties for the 

purpose of directly or indirectly collecting, recovering or receiving any payment or recovery with 

respect to any Released Claims arising prior to the Effective Date (including prior to the Petition 

Date), including, but not limited to:

(a) Commencing or continuing in any manner any action or other proceeding 

of any kind with respect to any such Released Claim against any of the Released Parties or the 

assets or property of any Released Party;

(b) Enforcing, attaching, collecting or recovering, by any manner or means, 

any judgment, award, decree or order against any of the Released Parties or the assets or property 

of any Released Party with respect to any such Released Claim;

(c) Creating, perfecting or enforcing any Lien of any kind against any of the 

Released Parties or the assets or property of any Released Party with respect to any such 

Released Claim;

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(d) Except as otherwise expressly provided in the Plan or the Confirmation 

Order, asserting, implementing or effectuating any setoff, right of subrogation, indemnity, 

contribution or recoupment of any kind against any obligation due to any of the Released Parties 

or against the property of any Released Party with respect to any such Released Claim; and

(e) Taking any act, in any manner, in any place whatsoever, that does not 

conform to, or comply with, the provisions of the Plan or the Confirmation Order, provided, 

however, that the Debtors’ compliance with the formal requirements of Bankruptcy Rule 3016 

shall not constitute an admission that the Plan provides for any injunction against conduct not 

otherwise enjoined under the Bankruptcy Code.

Dated: August 2, 2021

San Juan, Puerto Rico

Respectfully submitted,

/s/ Martin J. Bienenstock

Martin J. Bienenstock (pro hac vice)

Brian S. Rosen (pro hac vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

/s/ Hermann D. Bauer 

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Co-Attorneys for the Financial Oversight and 

Management Board as representative for the

Debtors

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Exhibit E

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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, THE 

EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO, AND THE PUERTO RICO PUBLIC 

BUILDINGS AUTHORITY, 

Debtors.1

PROMESA 

Title III 

No. 17 BK 3283-LTS 

(Jointly Administered) 

NOTICE OF ENTRY OF ORDER ESTABLISHING PRELIMINARY 

CONFIRMATION SUBMISSION AND DISCOVERY PROCEDURES, 

AND DIRECTING NOTICE TO CREDITORS OF THE SAME 

THE COURT HAS DETERMINED THAT DISCOVERY IN CONNECTION WITH THE 

CONFIRMATION HEARINGS ON THE DEBTORS’ PROPOSED PLAN OF 

ADJUSTMENT SHOULD BEGIN PROMPTLY, BEFORE COMPLETION OF THE 

HEARING ON THE DEBTORS’ MOTION FOR APPROVAL OF THE PROPOSED 

DISCLOSURE STATEMENT REGARDING THE PROPOSED PLAN OF 

ADJUSTMENT. THE DATES AND DEADLINES SET FORTH HEREIN MAY BE 

ADJUSTED IF THE DISCLOSURE STATEMENT IS APPROVED AFTER JULY 30, 

2021, AND ARE SUBJECT TO FURTHER REVISIONS BY COURT ORDER. THIS IS 

NOT A SOLICITATION OF VOTES ON THE PROPOSED PLAN. YOU SHOULD 

REVIEW THIS NOTICE.

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).

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 2 

If you have any questions regarding this notice, please contact Prime Clerk LLC by telephone at 

(844) 822-9231 (toll free for U.S. and Puerto Rico) or (646) 486-7944 (for international callers), 

available 10:00 a.m. to 7:00 p.m. (Atlantic Standard Time) (Spanish available), or by email at 

puertoricoinfo@primeclerk.com. 

PLEASE TAKE NOTICE OF THE FOLLOWING:

1. The Financial Oversight and Management Board has filed, on behalf of the Debtors, 

the Fifth Amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico, et al.,

dated July 12, 2021 [ECF No. 17306] (as the same may be amended or modified, including all 

exhibits and supplements thereto, the “Plan”). 

2. Status of Disclosure Statement Approval. The Court is presently considering 

objections to the Disclosure Statement for the Fifth Amended Title III Joint Plan of Adjustment of 

the Commonwealth of Puerto Rico, et al. (Docket Entry No. 17308 in Case No. 17-3283, and as 

the same may be amended or modified, the “Disclosure Statement”) filed by the Debtors, that 

describes the Plan proposed for confirmation. A further hearing to consider the sufficiency of the 

Disclosure Statement is scheduled for July 27, 2021. The Debtors have proposed that final 

hearings on confirmation of the Plan take place in November 2021. To facilitate the possibility of 

consideration of confirmation of the Plan in 2021, the Court has determined that discovery 

regarding confirmation issues must commence promptly and that it is appropriate to establish the 

preliminary procedures for confirmation submissions and discovery that are set forth in this Notice. 

The Court has entered an Order Establishing Preliminary Confirmation Submission and Discovery 

Procedures, and Directing Notice to Creditors of the Same, which requires the Debtors to 

distribute this Notice. The Court’s Order is filed at Docket Entry No. 17431 in Case No. 17-3283. 

The Order establishes the following schedule for discovery and confirmation-related submissions. 

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3. Deadline to File Notice of Intent to Participate in Discovery. If you wish to 

participate in discovery in connection with confirmation of the Plan, you must file a notice of your 

intention to participate in discovery (a “Discovery Notice”), and in the manner set forth in 

Attachment 1. If you file your Discovery Notice on or before August 15, 2021, you may be granted 

access to documents in the Plan Depository, where information and documents concerning the 

Plan are kept, see Paragraph 8 below, and will also be able to serve your own discovery requests. 

If you file your Discovery Notice after August 15, 2021, but on or before October 19, 2021, you 

may be granted access to documents in the Plan Depository. Please note that access to the 

information in the Plan Depository may also require complying with the Debtors’ access 

requirements. 

4. You must submit the Discovery Notice in the form set forth in Attachment 1, which 

must: 

a. Be in writing, in English, and be signed; 

b. State your name, address, the nature of your Claim, and your Claim number; 

c. State your intention to participate in discovery in connection with 

confirmation of the Plan; and 

d. Be filed electronically with the Court on the docket using the CM/ECF 

docket event Notice of Intent to Participate in Discovery for 

Commonwealth Plan Confirmation, in In re Commonwealth of Puerto Rico,

Case No. 17 BK 3283-LTS, through the Court’s case filing system on or 

before the applicable deadline. 

i. If you are not represented by counsel, you may instead mail your 

Discovery Notice to the Court’s Clerk’s office at: 

United States District Court, Clerk’s Office 

150 Ave. Carlos Chardon Ste. 150 

San Juan, P.R. 00918-1767 

so as to be received on or before the applicable deadline. 

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5. You must timely file a Discovery Notice to participate in discovery in 

connection with confirmation of the Plan. Failure to timely file a Discovery Notice, however, 

will not preclude you from filing an objection to confirmation of the Plan on or before the 

confirmation Objection Deadline (as defined below), but will preclude you from being able to view 

documents in the Plan Depository, and from taking discovery. 

6. Discovery Timetable and Deadlines. The Court has established the following 

discovery dates and deadlines, which are applicable to the Debtors and to other parties in interest 

who have timely filed a Discovery Notice and are eligible to participate in discovery:2

Summary of Certain Deadlines

August 3, 2021 Deadline for Debtors to file Preliminary Fact Witness List 

Deadline for Debtors to file Opening Summary Brief 

August 6, 2021 Opening date to serve Requests for Production of Documents (All 

Parties) 

August 15, 2021 Deadline for Creditors to file Notice of Intent to Participate in 

Discovery in order to be eligible to access the Plan Depository and 

serve discovery requests 

September 6, 2021 Deadline for Creditors to file Preliminary Fact Witness List 

Deadline to file Opening Expert Disclosures (All Parties) 

September 13, 2021 Deadline to file Opening Expert Reports (All Parties) 

October 1, 2021 Deadline to file Interrogatories (All Parties) 

Deadline to file Follow-Up Production Requests (All Parties) 

October 4, 2021 Deadline to file Rebuttal Expert Disclosures (All Parties) 

October 8, 2021 Deadline to file Rebuttal Expert Reports (All Parties) 

Deadline for Debtors to file Initial Proposed Confirmation Order 

October 11, 2021 Deadline to file Admission Requests (All Parties) 

Close of Fact Discovery 

2

 All of the dates and procedures set forth in this notice are subject to change by further Court 

order.

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Summary of Certain Deadlines

October 18, 2021 Close of Expert Discovery 

October 19, 2021 Deadline for Creditors to file Objections to Confirmation of the Plan 

Deadline for Creditors to file Notice of Intent to Participate in 

Discovery in order to access the Plan Depository 

October 22, 2021 Deadline for Creditors to file Objections to Debtors’ Initial 

Proposed Confirmation Order 

Deadline to file Finalized Witness Lists, Exhibit Lists and 

Deposition Designations (All Parties) 

October 25, 2021 Deadline for Debtors to file Replies to Objections to Confirmation 

of the Plan 

Deadline to file Witness Declarations to be used at the Confirmation 

Hearing (All Parties) 

Deadline for Debtors to file Initial Proposed Findings of Fact and 

Conclusions of Law in Support of Confirmation of the Plan 

October 27, 2021 Deadline for Debtors to file Replies in Support of Proposed 

Confirmation Order 

November 8, 2021 Start of Confirmation Hearing 

7. The dates and deadlines set forth herein may be adjusted if the Disclosure Statement 

is approved after July 30, 2021, and under such other circumstances as may be determined by the 

Court. You will receive notices with additional information regarding further proceedings in 

connection with confirmation of the Plan after the Court makes its determination regarding the 

Disclosure Statement. 

8. Plan Confirmation Depository. Information and documents relating to 

confirmation of the Plan are available online in the Plan Confirmation Depository at 

titleiiiplandataroom.com. 

9. Additional Information. Any party in interest wishing to obtain copies of the Plan, 

including Spanish translations thereof, should contact Prime Clerk LLC, by telephone at (844) 

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822-9231 (toll free for U.S. and Puerto Rico) or (646) 486-7944 (for international callers), 

available 10:00 a.m. to 7:00 p.m. (Atlantic Standard Time) (Spanish available), or by email at 

puertoricoinfo@primeclerk.com, or may view such documents by accessing either 

https://cases.primeclerk.com/puertorico/ or the Court’s website, https://www.prd.uscourts.gov/. 

Please note that a Public Access to Court Electronic Records (“PACER”) 

(http://www.pacer.psc.uscourts.gov) password and login are needed to access documents on the 

Court’s website. 

Dated: July 20, 2021 

San Juan, Puerto Rico 

Respectfully submitted, 

/s/ Martin J. Bienenstock 

Martin J. Bienenstock (pro hac vice) 

Brian S. Rosen (pro hac vice)

Margaret A. Dale (pro hac vice) 

Julia D. Alonzo (pro hac vice) 

Laura Stafford (pro hac vice) 

PROSKAUER ROSE LLP

Eleven Times Square 

New York, NY 10036 

Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

/s/ Hermann D. Bauer 

Hermann D. Bauer 

USDC No. 215205 

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800 

San Juan, PR 00918-1813 

Co-Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 7 

ATTACHMENT 1 

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 8 

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.3

 ------------------------------------------------------------------ 

PROMESA 

Title III 

No. 17 BK 3283-LTS 

(Jointly Administered) 

NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY FOR 

CONFIRMATION OF COMMONWEALTH PLAN OF ADJUSTMENT 

If this Notice is filed on or before August 15, 2021, you may be granted access to 

documents in the Plan Depository, where information and documents concerning the Plan 

are kept, and you will also be able to serve your own discovery requests. If you file this Notice 

after August 15, 2021, but on or before October 19, 2021, you may be granted access to 

documents in the Plan Depository, but you will not be able to serve your own discovery 

requests. Please note that access to the information in the Plan Depository may also require 

complying with the Debtors’ access requirements. If this Notice is filed after October 19, 

2021, you will not be permitted to participate in discovery. If you do not file this Notice, you 

will still be able to vote on the Plan, if you are otherwise qualified to vote.

The party identified below (the “Participant”) hereby advises the Debtors that it 

intends to participate in discovery in connection with confirmation of the Debtors’ proposed Plan. 

3

 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”) (Bankruptcy Case No. 19-BK5523-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed as Bankruptcy Case 

numbers due to software limitations). 

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210720V2 CONFIRMATION DISCOVERY PROCEDURES NOTICE VERSION JULY 20, 2021 9 

Participant must provide all of the information below in English: 

1. Participant’s contact information, including email address, and that of its counsel, 

if any: 

Participant’s Name: 

Participant’s Address: 

Participant’s Email Address: 

Name of Counsel: 

Address of Counsel: 

Email Address of Counsel: 

2. Participant’s Claim number and the nature of Participant’s Claim: 

Claim Number: 

Nature of Claim: 

By: 

Signature 

 

Print Name 

 

Title (if Participant is not an individual) 

 

Date 

Instructions for Filing Notice of Participation: If you are represented by counsel, this Notice 

must be filed electronically with the Court on the docket using the CM/ECF docket event Notice 

of Intent to Participate in Discovery for Commonwealth Plan Confirmation, in In re 

Commonwealth of Puerto Rico, Case No. 17 BK 3283-LTS, through the Court’s case filing 

system on or before the applicable deadline. If you are not represented by counsel, you may 

instead mail this Notice to the Court’s Clerk’s Office at: United States District Court, Clerk’s 

Office, 150 Ave. Carlos Chardon Ste. 150, San Juan, P.R. 00918-1767. 

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Exhibit F

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Exhibit F

Supplemental Service List

Served via First Class Mail

MMLID NAME ADDRESS CITY STATE POSTAL CODE

2318845 Alejandro Santos Vazquez Address on File

1723182 Davila, Carmen Address on File

2564261 Dohel Asencio Rodriguez Address on File

232623 ITZA M MONTANEZ ORTIZ Address on File

2561314 Jessymote Rivera Santana Address on File

2274658 Jose A Santos Mora Address on File

2271648 Juan R Fonseca Valencia Address on File

2297270 Luis E Perez Piñeiro Address on File

2282442 Maria A Rivera Agosto Address on File

2311520 Nilda Rosa Colon Address on File

1481953 OWNED OUTCOMES, LLC 2510 E SUNSET RD. STE 5 LAS VEGAS NV 89120-3500

2260308 Ramon Candelario Marrero Address on File

2268933 Roberto Jesus Martinez Address on File

2384228 Rosa Torres Rodriguez Address on File

2148241 Rosario Ramos, Ruth E. Address on File

2144980 Santiago Astacio, Irma L Address on File

1777296 Sierra Pascual, Carmen J Address on File

In re: The Commonwealth of Puerto Rico, et al.

Case No. 17-03283 (LTS) Page 1 of 1

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Exhibit G

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Exhibit G

Supplemental Service List

Served via First Class Mail

MMLID NAME ADDRESS

2405541 BLOISE NUNEZ,RAMONITA ADDRESS ON FILE

2365548 GONZALEZ TIRADO,MARIA J ADDRESS ON FILE

2415263 HERNANDEZ RIVERA,NILDA I ADDRESS ON FILE

2489788 JOSE J SOTO RIVERA ADDRESS ON FILE

2367018 PADRO RODRIGUEZ,CLARA ADDRESS ON FILE

2350583 RAMOS VIERA,WANDA ADDRESS ON FILE

In re: The Commonwealth of Puerto Rico, et al.

Case No. 17-03283 (LTS) Page 1 of 1

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Exhibit H

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TRIBUNAL DE DISTRITO DE ESTADOS UNIDOS

DISTRITO DE PUERTO RICO

En el caso:

LA JUNTA DE SUPERVISIÓN Y ADMINISTRACIÓN 

FINANCIERA PARA PUERTO RICO,

como representante de

EL ESTADO LIBRE ASOCIADO DE PUERTO RICO, EL 

SISTEMA DE RETIRO DE LOS EMPLEADOS DEL 

GOBIERNO DEL ESTADO LIBRE ASOCIADO DE 

PUERTO RICO Y LA AUTORIDAD DE EDIFICIOS 

PÚBLICOS DE PUERTO RICO,

Deudores.1

Título III de PROMESA

Núm. 17 BK 3283-LTS

(Con administración conjunta) 

NOTIFICACIÓN DE (I) DECISIONES SOLICITADAS POR LA JUNTA 

DE SUPERVISIÓN EN LA VISTA DE CONFIRMACIÓN 

CON RESPECTO A LA LEY 53-2021 Y (II) FECHA LÍMITE PARA LA PRESENTACIÓN DE 

OBJECIONES

NOTIFÍQUESE que, el 30 de julio de 2021, La Junta de Supervisión y Administración Financiera 

para Puerto Rico (la “Junta de Supervisión”), como representante exclusivo para el Título III del Estado 

Libre Asociado de Puerto Rico (el “Estado Libre Asociado”), el Sistema de Retiro de los Empleados del 

Gobierno del Estado Libre Asociado de Puerto Rico (“SRE”), y la Autoridad de Edificios Públicos de 

Puerto Rico (“AEP”, y, junto con el Estado Libre Asociado y el SRE, los “Deudores”) de conformidad con 

la Sección 315(b) de la Ley de Supervisión, Administración y Estabilidad Económica de Puerto Rico 

(“PROMESA”),2 radicó el Séptimo Plan de Ajuste Enmendado de Título III del Estado Libre Asociado de 

Puerto Rico, y otros. [ECF Núm. 17627] (con sus enmiendas, complementos o modificaciones periódicas, 

el “Plan”).3

1

 Los Deudores en estos Casos del Título III, junto con el número de caso de Título III respectivo de cada Deudor y 

los últimos cuatro (4) dígitos del número de identificación fiscal federal de cada Deudor, según corresponda, son 

(i) el Estado Libre Asociado (ELA) de Puerto Rico (Caso de Quiebra Núm. 17-BK-3283- LTS) (Últimos cuatro

dígitos del Número de identificación fiscal federal: 3481); (ii) la Corporación del Fondo de Interés Apremiante de

Puerto Rico (“COFINA”) (Caso de Quiebra Núm. 17-BK-3284-LTS) (Últimos cuatro dígitos del Número de

identificación fiscal federal: 8474); (iii) la Autoridad de Carreteras y Transportación (“ACT”) de Puerto Rico (Caso 

de Quiebra Núm. 17-BK-3567-LTS) (Últimos cuatro dígitos del Número de identificación fiscal federal: 3808);

(iv) el Sistema de Retiro de los Empleados del Gobierno del Estado Libre Asociado de Puerto Rico (“SRE”) (Caso

de Quiebra Núm. 17-BK-3566-LTS) (Últimos cuatro dígitos del Número de identificación fiscal federal: 9686);

(iii) la Autoridad de Energía Eléctrica de Puerto Rico (“AEE”) (Caso de Quiebra Núm. 17- BK-4780-LTS)

(Últimos cuatro dígitos del Número de identificación fiscal federal: 3747); y (vi) la Autoridad de Edificios Públicos 

de Puerto Rico (“AEP”) de Puerto Rico (Caso de Quiebra Núm. 19-BK-5523-LTS) (Últimos cuatro dígitos del

Número de identificación fiscal federal: 3801) (Los números de caso de Título III figuran como números de Caso

de Quiebra debido a limitaciones del software).

2

 PROMESA se encuentra codificada en 48 U.S.C. §§ 2102–2241.

3

 Los términos en mayúscula que se usan pero que no se definen en el presente tendrán los significados que se les 

atribuyen en el Plan.

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2

NOTIFÍQUESE ASIMISMO que se celebrará una vista para examinar la confirmación del Plan 

(la “Vista de confirmación”) ante la Honorable Juez Laura Taylor Swain, Juez de Distrito de Estados 

Unidos, mediante comunicación de video y telefónica, el 8–10, 12, 15–18, y el 22–23 de noviembre de 

2021 a las 9:30 a.m. (hora del Atlántico), en caso de que la Vista de Confirmación no concluya con 

anterioridad.

NOTIFÍQUESE ASIMISMO que el 26 de octubre de 2021, el Gobernador del Estado Libre 

Asociado de Puerto Rico promulgó la Ley 53-2021. NOTIFÍQUESE ASIMISMO QUE LA JUNTA DE 

SUPERVISIÓN SOLICITARÁ EN LA VISTA DE CONFIRMACIÓN QUE SE EMITA UNA 

DECISIÓN PARA QUE LA AUTORIZACIÓN DE ENDEUDAMIENTO DE LA LEY 53-2021 

TENGA COMO ÚNICA CONDICIÓN LA CANCELACIÓN EN EL PLAN DE LA 

MODIFICACIÓN DE LOS BENEFICIOS MENSUALES (TAL COMO SE DEFINEN EN EL 

PLAN), Y NO REQUIERA LA CANCELACIÓN DE (I) LA ELIMINACIÓN DE LOS AJUSTES 

POR EL COSTO DE VIDA Y/O (II) LOS CONGELAMIENTOS DEL DEVENGO DE 

BENEFICIOS DEFINIDOS CONFORME AL SISTEMA DE RETIRO DE MAESTROS O EL 

SISTEMA DE RETIRO DEL PODER JUDICIAL A PARTIR DE LA FECHA DE ENTRADA EN 

VIGOR DEL PLAN, INCLUSIVE.

NOTIFÍQUESE ASIMISMO que los fundamentos para la solicitud de las decisiones antes 

mencionadas por la Junta de Supervisión son los siguientes: (a) la Sección 104 de la Ley 53-2021, en la 

parte pertinente, dice “los empleados, se dispone por el presente lo siguiente: “la Asamblea Legislativa 

autoriza la emisión de los Bonos de Obligaciones Generales y CVI sujeto a la radicación por parte de la 

Junta de Supervisión de un Plan enmendado para su confirmación por parte del Tribunal de Título III que 

elimina la Modificación del Beneficio Mensual...”; (b) la Sección 605 de la Ley 53-2021, en su parte 

pertinente, dispone: “... La vigencia de esta Ley tiene como condición la radicación por parte de la Junta de 

Supervisión de un Plan enmendado para su confirmación por parte del Tribunal de Título III que elimina la 

Modificación del Beneficio Mensual tal como se define en el Plan...”; (c) el Artículo 102(qq) de la Ley 53-

2021 hace referencia a una definición de la Modificación del Beneficio Mensual, pero el Artículo 102 no 

se refiere en sus definiciones ni define ninguno de los (i) beneficios definidos, (ii) ajustes por el costo de 

vida, o (iii) congelamientos; (d) Una búsqueda en la traducción al inglés de la Ley 53-2021 no ha detectado 

ninguna mención a las frases o palabras “beneficio definido”, “costo de vida” o “congelamiento”; (e) la 

Declaración de Motivos de la Ley 53-2021 incluye una frase que dispone que la ley “incluye cero recortes 

a las pensiones de los actuales retirados y los beneficios devengados actuales de empleados públicos en 

actividad y un deseo de promover el bienestar del pueblo de Puerto Rico”. Ante la referencia a cero recortes 

para los retirados actuales y los “beneficios devengados actuales de empleados públicos en actividad”, la 

Junta de Supervisión considera que la ley protege muy cuidadosamente los niveles actuales de pensiones, 

pero no los niveles subsiguientes que se ven recortados por el congelamiento de los beneficios definidos; 

(f) El congelamiento de beneficios definidos ahorra miles de millones de dólares durante el plan fiscal 

certificado y es improbable que la Legislatura requiera la eliminación de tales grandes ahorros sin 

mencionarlo específicamente. Por analogía, la Corte Suprema de Estados Unidos ha observado que el 

Congreso “no oculta elefantes en cuevas de ratones”, (Whitman c. Am. Trucking Ass’ns, 531 U.S. 457, 458 

(2001). Creemos que el requisito de la eliminación del devengo de beneficios definidos sin mencionarlos 

específicamente sería como ocultar un elefante en una cueva de ratones; (g) la Ley 53-2021 incluye una 

oración en el Artículo 605 que dispone “la continuación de la vigencia de esta ley dependerá de cero recortes 

en las pensiones”. Por todas las razones que anteceden, la Junta de Supervisión sostiene que el único 

significado posible de “cero recortes a las pensiones” es la eliminación de la Modificación de Beneficios 

Mensuales, y no significa que el congelamiento de beneficios definidos ni la cancelación de los ajustes en 

el costo de vida deban ser eliminados. 

NOTIFÍQUESE ASIMISMO que el 1 de noviembre de 2021, la Junta de Supervisión radicó la 

Moción Urgente de la Junta de Supervisión y Administración Financiera para Puerto Rico para una Orden 

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3

que (I) apruebe la forma de Notificación de Decisiones solicitadas por la Junta de Supervisión en la Vista 

de Confirmación con respecto a la Ley 53-2021 y (II) establezca la Fecha Límite para Presentación de 

Objeciones [ECF Núm. 19002] (la “Moción”), que procura obtener la aprobación del Tribunal para ciertos 

procedimientos y fechas límite en relación con las decisiones solicitadas por la Junta de Supervisión que se 

describen anteriormente. Se adjunta una copia de la Ley 53-2021 a la Moción como Anexo B. El 2 de 

noviembre de 2021, el Tribunal radicó una orden que concede la Moción [ECF Núm. 19017] (la “Orden”).

NOTIFÍQUESE ASIMISMO que, de conformidad con la Orden, cualquier objeción o respuesta

a las decisiones solicitadas por la Junta de Supervisión deberán (i) estar por escrito y firmadas; (ii) estipular 

el nombre, la dirección, si la persona que presenta las objeciones es un empleado actual o ex empleado o 

retirado del Gobierno, o si tiene alguna otra capacidad legal para presentar su objeción; (iii) formular 

claramente los fundamentos de la objeción; (iv) radicarse ante el Tribunal, junto con las pruebas de los 

servicios prestados y notificarse a las siguientes partes de manera tal que se reciba a más tardar en la Fecha 

Límite para la presentación de objeciones, 12 de noviembre de 2021, a las 5:00 p.m. (hora del Atlántico): 

(a) los abogados de la Junta de Supervisión, Proskauer Rose LLP, Eleven Times Square, Nueva York, NY 

10036, Atn: Martin J. Bienenstock y Brian S. Rosen, y (b) los abogados de AAFAF, O’Melveny & Myers 

LLP, Times Square Tower, 7 Times Square, Nueva York, NY 10036, Atn: John J. Rapisardi, Peter 

Friedman, y Maria J. DiConza.

NOTIFÍQUESE ASIMISMO que la fecha límite para la radicación de respuestas en respaldo de 

las decisiones solicitadas por la Junta de Supervisión es el 15 de noviembre de 2021.

NOTIFÍQUESE ASIMISMO que las copias del Plan y todos los demás documentos radicados en 

estos casos de Título III pueden obtenerse visitando el sitio web del caso mantenido por Prime Clerk LLC, 

https://cases.primeclerk.com/puertorico; enviando una solicitud a Prime Clerk LLC, llamando al (844) 822-

9231 (llamada gratuita en EE.UU. y Puerto Rico) o al (646) 486-7944 (para llamadas internacionales), de 

10:00 a.m. a 7:00 p.m. (hora del Atlántico) (puede solicitarse hablar con alguien en español), o enviando 

un mensaje a puertoricoinfo@primeclerk.com, o, mediante el pago de un arancel, en el sitio web del 

Tribunal, https://www.prd.uscourts.gov. Se necesita tener un nombre de usuario y contraseña de PACER 

para acceder a los documentos en el sitio web del Tribunal y estos pueden obtenerse a través del Centro de 

Servicios de PACER en www.pacer.psc.uscourts.gov.

Fecha: 2 de noviembre 2021

San Juan, Puerto Rico

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC Núm. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764- 8181

Fax: (787) 753- 8944

Coabogados de la Junta de Supervisión y 

Administración Financiera en representación de 

los Deudores

Atentamente,

/s/ Martin J. Bienenstock

Martin J. Bienenstock

Brian. S. Rosen

(Admisión Pro Hac Vice)

PROSKAUER ROSE LLP

Eleven Times Square

Nueva York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969- 2900

Abogados de la Junta de Supervisión y 

Administración Financiera como representante de 

los Deudores

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Exhibit I

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UNITED STATES DISTRICT COURT

DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE COMMONWEALTH OF PUERTO RICO, THE 

EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO, AND THE PUERTO RICO PUBLIC 

BUILDINGS AUTHORITY,

Debtors.1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

NOTICE OF (I) RULINGS THE OVERSIGHT 

BOARD REQUESTS AT CONFIRMATION HEARING 

REGARDING ACT 53-2021 AND (II) DEADLINE FOR OBJECTIONS

PLEASE TAKE NOTICE that, on July 30, 2021, the Financial Oversight and 

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

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

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

Buildings Authority (“PBA,” and, together with the Commonwealth and ERS, the “Debtors”) 

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

(“PROMESA”),2 filed the Seventh Amended Joint Title III Plan of Adjustment of the 

Commonwealth of Puerto Rico, et al. [ECF No. 17627] (as amended, supplemented, or modified 

from time to time, the “Plan”).3

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-BK3567-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).

2

 PROMESA is codified at 48 U.S.C. §§ 2102–2241.

3

 Capitalized terms used but not defined herein have the meanings given to them in the Plan.

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2

PLEASE TAKE FURTHER NOTICE that a hearing to consider confirmation of the Plan 

(the “Confirmation Hearing”) will be held before the Honorable Judge Laura Taylor Swain, United 

States District Judge, via video and telephonic hearing, on November 8–10, 12, 15–18, and 22–

23, 2021 at 9:30 a.m. (Atlantic Time), to the extent the Confirmation Hearing is not earlier 

concluded.

PLEASE TAKE FURTHER NOTICE that, on October 26, 2021, the Governor of the 

Commonwealth of Puerto Rico signed Act 53-2021 into law. PLEASE TAKE FURTHER 

NOTICE THAT THE OVERSIGHT BOARD WILL SEEK RULINGS AT THE 

CONFIRMATION HEARING THAT THE DEBT AUTHORIZATION IN ACT 53-2021 IS 

CONDITIONED ONLY ON THE PLAN’S CANCELLATION OF THE MONTHLY 

BENEFIT MODIFICATION (AS DEFINED IN THE PLAN), AND DOES NOT REQUIRE 

CANCELLATION OF (I) THE ELIMINATION OF COST OF LIVING ADJUSTMENTS 

AND/OR (II) FREEZES OF ACCRUAL OF DEFINED BENEFITS UNDER THE 

TEACHERS’ RETIREMENT SYSTEM OR THE JUDICIARY RETIREMENT SYSTEM

FROM AND AFTER THE PLAN’S EFFECTIVE DATE.

PLEASE TAKE FURTHER NOTICE that the Oversight Board’s rationale for 

requesting the rulings set forth above are as follows: (a) Section 104 of Act 53-2021, in pertinent 

part, provides: “employees, it is hereby provided as follows: “...The Legislative Assembly 

authorizes the issuance of the General Obligation Bonds and CVIs subject to the FOMB filing an 

amended Plan for confirmation by the Title III Court that eliminates the Monthly Benefit 

Modification....” (b) Section 605 of Act 53-2021, in pertinent part, provides: “...The 

effectiveness of this Law is conditioned to the FOMB filing an amended Plan for confirmation by 

the Title III Court that eliminates the Monthly Benefit Modification as defined in the Plan....” (c) 

Article 102(qq) of Act 53-2021 refers to a definition of Monthly Benefit Modification, but Article 

102 does not in its definitions refer to or define any of (i) defined benefits, (ii) cost of living 

adjustments, or (iii) freeze. (d) A search of the English translation of Act 53-2021 did not locate 

any of the words or phrases defined benefit, cost of living, or freeze. (e) The Statement of Motives 

in Act 53-2021 includes a sentence providing the law: “includes zero cuts to pensions of current 

retirees and current accrued benefits of active public employees and a desire to promote the welfare 

of the people of Puerto Rico:” By referring to zero cuts to current retirees and to “current accrued 

benefits of active public employees,” the Oversight Board believes the statute very carefully 

protects current pension levels, but not subsequent levels that are cut off by the freeze of defined 

benefits. (f) Freezing defined benefits saves billions of dollars during the certified fiscal plan and 

it is unlikely the Legislature would require elimination of such large savings without mentioning 

it by name. By analogy, the United States Supreme Court has observed that Congress does not 

“hide elephants in mouseholes.” (Whitman v. Am. Trucking Ass’ns, 531 U.S. 457, 468 

(2001). We believe requiring the elimination of defined benefit accruals without mentioning them 

would be like hiding an elephant in a mousehole. (g) Act 53-2021 includes a sentence in Article 

605 providing: “...The continued effect of this act is contingent upon cero cuts to pensions.” For 

all the foregoing reasons, the Oversight Board submits the only possible meaning of “cero cuts to 

pensions” is the elimination of the Monthly Benefit Modification, and does not mean the freeze of 

defined benefits or the cancellation of cost of living adjustments must be eliminated.

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PLEASE TAKE FURTHER NOTICE that, on November 1, 2021, the Oversight Board 

filed the Urgent Motion of the Financial Oversight and Management Board for Puerto Rico for 

Order (I) Approving form of Notice of Rulings the Oversight Board Requests at Confirmation 

Hearing Regarding Act 53-2021 and (II) Scheduling Objection Deadline [ECF No. 19002] (the 

“Motion”), seeking Court approval of certain procedures and deadlines in connection with the 

Oversight Board’s requested rulings described above. A copy of Act 53-2021 is attached to the 

Motion as Exhibit B. On November 2, 2021, the Court entered an order granting the Motion [ECF 

No. 19017] (the “Order”).

PLEASE TAKE FURTHER NOTICE that, pursuant to the Order, any objections or 

responses to the Oversight Board’s requested rulings shall (i) be in writing and signed; (ii) state 

the name, address, whether the objectant is a past or present employee or retiree of the 

Government, or any other standing for its objection; (iii) state clearly the rationale for the 

objection; (iv) be filed with the Court, together with proof of service, and served on the following 

parties so as to be actually received no later than the Objection Deadline, November 12, 2021, at 

5:00 p.m. (Atlantic Time): (a) counsel to the Oversight Board, Proskauer Rose LLP, Eleven 

Times Square, New York, NY 10036, Attn: Martin J. Bienenstock and Brian S. Rosen, and (b) 

counsel to AAFAF, O’Melveny & Myers LLP, Times Square Tower, 7 Times Square, New York, 

NY 10036, Attn: John J. Rapisardi, Peter Friedman, and Maria J. DiConza.

PLEASE TAKE FURTHER NOTICE that the deadline for filing replies in support of 

the Oversight Board’s requested rulings is November 15, 2021.

PLEASE TAKE FURTHER NOTICE that copies of the Plan and all other documents 

filed in these Title III cases may be obtained by visiting the case website maintained by Prime 

Clerk LLC, https://cases.primeclerk.com/puertorico; by sending a request to Prime Clerk LLC, at 

(844) 822-9231 (toll free for U.S. and Puerto Rico) or (646) 486-7944 (for international callers), 

available 10:00 a.m. to 7:00 p.m. (Atlantic Time) (Spanish available), or by email at 

puertoricoinfo@primeclerk.com, or, for a fee, from the Court’s website, 

https://www.prd.uscourts.gov. A PACER login and password are required to access documents 

on the Court’s website, and these can be obtained through the PACER Service Center at 

www.pacer.psc.uscourts.gov.

Dated: November 2, 2021

San Juan, Puerto Rico

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Co-Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

Respectfully submitted,

/s/ Martin J. Bienenstock

Martin J. Bienenstock

Brian. S. Rosen

(Admission 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 

Debtors

Case:17-03283-LTS Doc#:19838 Filed:01/20/22 Entered:01/20/22 06:54:50 Desc: Main

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