221020 ORD RE DEFECTIVE PLEADING.DOCX VERSION OCTOBER 20, 2022 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

THE COMMONWEALTH OF PUERTO RICO et al., 

Debtors.

1

PROMESA 

Title III 

No. 17 BK 3283-LTS 

(Jointly Administered) 

ORDER REGARDING DEFECTIVE PLEADING

The Court has received and reviewed the Opposition to the Debtor’s Omnibus 

Objection “Five Hundred Fourteenth” (Substantive) (Docket Entry No. 22640 in Case No. 17-

3283) (the “Pleading”), filed by Arelis Díaz, CFO, on behalf of ICPR Junior College in response 

to the Five Hundred Fourteenth Omnibus Objection (Substantive) of the Commonwealth of 

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

Puerto Rico, and the Puerto Rico Highways and Transportation Authority to Claims for Which 

the Debtors are not Liable (Docket Entry No. 22251 in Case No. 17-3283) (the “Omnibus 

Claims Objection”) and the objection to Proof of Claim No. 5130 included therein.

The Pleading is defective because it was not filed by counsel to ICPR Junior 

College. Business entities may not appear in this proceeding without counsel, as they are not 

natural persons. Rowland v. California Men’s Colony, 506 U.S. 194, 202-03 (1993) (explaining 

1 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case 

number and the last four (4) digits of each Debtor’s federal tax identification number, as 

applicable, are the (i) Commonwealth of Puerto Rico (the “Commonwealth”) 

(Bankruptcy Case No. 17-BK-3283-LTS) (Last Four Digits of Federal Tax ID: 3481); 

(ii) Puerto Rico Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case No. 17-

BK-3284-LTS) (Last Four Digits of Federal Tax ID: 8474); (iii) Puerto Rico Highways 

and Transportation Authority (“HTA”) (Bankruptcy Case No. 17-BK-3567-LTS) (Last 

Four Digits of Federal Tax ID: 3808); (iv) Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-

BK-3566-LTS) (Last Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric 

Power Authority (“PREPA”) (Bankruptcy Case No. 17-BK-4780-LTS) (Last Four Digits 

of Federal Tax ID: 3747); and (vi) Puerto Rico Public Buildings Authority (“PBA”) 

(Bankruptcy Case No. 19-BK-5523-LTS) (Last Four Digits of Federal Tax ID: 3801) 

(Title III case numbers are listed as Bankruptcy Case numbers due to software 

limitations).

Case:17-03283-LTS Doc#:22648 Filed:10/20/22 Entered:10/20/22 13:37:32 Desc: Main

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221020 ORD RE DEFECTIVE PLEADING.DOCX VERSION OCTOBER 20, 2022 2

that corporations and other artificial entities can only appear in federal court through licensed 

counsel). Accordingly, the Pleading is hereby stricken. To the extent the Pleading may be 

construed as an application requesting action by the Court, it is denied.

The Financial Oversight and Management Board for Puerto Rico is ordered to meet 

and confer with ICPR Junior College as soon as possible to explore resolution of the objection.

ICPR Junior College is granted leave to file a corrected pleading by 

November 14, 2022, at 5:00 p.m. (Atlantic Standard Time). Despite the October 17, 2022,

deadline to respond to the Omnibus Claims Objection, a corrected response received by 

November 14, 2022, at 5:00 p.m. (Atlantic Standard Time) will be considered a timely response 

to the Omnibus Claims Objection. The Financial Oversight and Management Board for Puerto 

Rico shall file a reply (if any) by November 21, 2022, at 5:00 p.m. (Atlantic Standard Time).

The hearing on the Omnibus Claims Objection is adjourned solely with respect to Proof of Claim 

No. 5130 to the Omnibus Hearing scheduled for December 14, 2022, at 9:30 a.m. (Atlantic Standard 

Time).

SO ORDERED.

Dated: October 20, 2022

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

Case:17-03283-LTS Doc#:22648 Filed:10/20/22 Entered:10/20/22 13:37:32 Desc: Main

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