Exhibit A

Proposed Order

Case:17-03283-LTS Doc#:23364-1 Filed:01/25/23 Entered:01/25/23 17:27:35 Desc:

Exhibit A proposed Order Page 1 of 8
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)

This filing relates to PREPA.

ORDER GRANTING FIVE HUNDRED THIRTY-SECOND OMNIBUS OBJECTION 

(SUBSTANTIVE) OF THE PUERTO RICO ELECTRIC POWER AUTHORITY TO 

MISCLASSIFIED CLAIMS

Upon the Five Hundred Thirty-Second Omnibus Objection (Substantive) of the 

Puerto Rico Electric Power Authority to Misclassified Claims [ECF No. 22268] (the “Five 

Hundred Thirty-Second Omnibus Objection”)2 of the Puerto Rico Electric Power Authority 

(“PREPA”), dated September 16, 2022, for entry of an order reclassifying certain claims filed 

against PREPA, as more fully set forth in the Five Hundred Thirty-Second Omnibus Objection 

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

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

are the (i) Commonwealth of Puerto Rico (the “Commonwealth”) (Bankruptcy Case No. 17 BK 

3283-LTS) (Last Four Digits of Federal Tax ID: 3481); (ii) Puerto Rico Sales Tax Financing 

Corporation (“COFINA”) (Bankruptcy Case No. 17 BK 3284-LTS) (Last Four Digits of Federal 

Tax ID: 8474); (iii) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy 

Case No. 17 BK 3567-LTS) (Last Four Digits of Federal Tax ID: 3808); (iv) Employees 

Retirement System of the Government of the Commonwealth of Puerto Rico (“ERS”) (Bankruptcy 

Case No. 17 BK 3566-LTS) (Last Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric 

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

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

the Commonwealth, COFINA, HTA, ERS, and PREPA, the “Debtors”) (Bankruptcy Case No. 19-

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

in the Five Hundred Thirty-Second Omnibus Objection.

Case:17-03283-LTS Doc#:23364-1 Filed:01/25/23 Entered:01/25/23 17:27:35 Desc:

Exhibit A proposed Order Page 2 of 8
2

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

Thirty-Second Omnibus Objection and to grant the relief requested therein pursuant to PROMESA 

section 306(a); and venue being proper pursuant to PROMESA section 307(a); and due and proper 

notice of the Five Hundred Thirty-Second Omnibus Objection having been provided to those 

parties identified therein, and no other or further notice being required; and the claims identified 

in the column titled “Claims to be Reclassified” in Exhibit A to the Five Hundred Thirty-Second 

Omnibus Objection (collectively, the “Claims to Be Reclassified”) asserting an incorrect or 

improper priority or classification, as set forth in Exhibit A hereto; and the Court having 

determined that the relief sought in the Five Hundred Thirty-Second Omnibus Objection is in the 

best interest of PREPA and its creditors, and all the parties in interest; and the Court having 

determined that the legal and factual bases set forth in the Five Hundred Thirty-Second Omnibus 

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

cause appearing therefor, it is

ORDERED that the Five Hundred Thirty-Second Omnibus Objection is 

GRANTED as set forth herein; and it is further

ORDERED that the Claims to Be Reclassified are hereby reclassified, such that the 

Claims to Be Reclassified shall now only be considered claims asserted in the priority set forth in 

the column titled “Modified Claim” in Exhibit A to the Five Hundred Thirty-Second Omnibus 

Objection, respectively; and it is further

ORDERED that the Debtors’ right to object to the Claims to Be Reclassified is 

reserved; and it is further

Case:17-03283-LTS Doc#:23364-1 Filed:01/25/23 Entered:01/25/23 17:27:35 Desc:

Exhibit A proposed Order Page 3 of 8
3

ORDERED that Prime Clerk is authorized and directed to correct the Claims to Be 

Reclassified to reflect their status as general unsecured claims and administrative claims, as 

applicable, on the official claims register in the Title III Cases; and it is further

ORDERED that this Order resolves Docket Entry No. 22268 in Case No. 17-3283; 

and it is further

ORDERED that this Court shall retain jurisdiction to hear and determine all matters 

arising from or related to the implementation, interpretation, or enforcement of this Order.

SO ORDERED

Dated: 

 Honorable Judge Laura Taylor Swain

 United States District Judge 

Case:17-03283-LTS Doc#:23364-1 Filed:01/25/23 Entered:01/25/23 17:27:35 Desc:

Exhibit A proposed Order Page 4 of 8
EXHIBIT A

Schedule of Claims Subject to the Five Hundred Thirty-Second Omnibus Objection 

Case:17-03283-LTS Doc#:23364-1 Filed:01/25/23 Entered:01/25/23 17:27:35 Desc:

Exhibit A proposed Order Page 5 of 8
NAME

FIVE HUNDRED THIRTY-SECOND OMNIBUS OBJECTION

Exhibit A – Claims to Be Reclassified

CLAIM # DEBTOR AMOUNT DEBTOR AMOUNT

CLAIMS TO BE RECLASSIFIED MODIFIED CLAIMS

PRIORITY 

STATUS

PRIORITY 

STATUS

FRANCISCO DIAZ MASSO / 

BERMUDEZ, LONGO, DIAZ - 

MASSO, LLC

PO BOX 192596

SAN JUAN, PR 00919

1 39678 PUERTO RICO ELECTRIC $11,151.96

POWER AUTHORITY

PUERTO RICO ELECTRIC 

POWER AUTHORITY

: Reason: Claimant asserts that their claim is entitled to administrative expense priority pursuant to 11 U.S.C. § 503(b)(9). However, this claim asserts liability on account of 

services provided to PREPA, rather than the provision of goods, and is therefore not entitled to administrative expense priority under 11 U.S.C. § 503(b)(9). Upon review of its books 

and records, PREPA has concluded that a portion of the claim is entitled to administrative expense priority and should be classified as such, and another portion of the claim is not 

entitled to administrative expense priority and should appropriately be classified as a general unsecured claim.

503(b)(9)

Unsecured

Admin $1,510.32

PUERTO RICO ELECTRIC $9,641.64

POWER AUTHORITY

IEH AUTO PARTS LLC DBA AUTO 

PLUS AUTO PARTS

GARRETT A. NAIL

TWO ALLIANCE CENTER

3560 LENOX ROAD, SUITE 1600

ATLANTA, GA 30326

2 70143 PUERTO RICO ELECTRIC $572.50

POWER AUTHORITY

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Reason: Claimant asserts that their claim is secured and/or that they are entitled to administrative expense priority pursuant to 11 U.S.C. § 503(b)(9) or other priority pursuant to 11 U.S.C. § 

507(a). However, based on PREPA’s books and records, PREPA has concluded that the claim is not entitled to either administrative expense priority, priority, or secured status, and should 

appropriately be classified as a general unsecured claim.

503(b)(9)

Unsecured $9,597.23

$10,169.73

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Unsecured

Subtotal

$10,169.73

______________

LORD ELECTRIC COMPANY OF 

PUERTO RICO

PO BOX 363408

SAN JUAN, PR 00936

3 166292 PUERTO RICO ELECTRIC $116,447.49

POWER AUTHORITY

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Reason: Claimant asserts that a portion of their claim is entitled to administrative expense priority pursuant to 11 U.S.C. § 503(b)(9). However, based on PREPA’s books and records, PREPA 

has concluded that the claim is entitled to administrative expense priority and should be classified as such

503(b)(9)

Unsecured $143,557.00 Unsecured

$260,004.49

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Admin

Subtotal

$116,447.49

$143,557.00

______________

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Page 1 of 3

* - Indicates claim contains unliquidated and/or undetermined amounts.

Subtotal

______________

$11,151.96

Subtotal

______________

$260,004.49

Case:17-03283-LTS Doc#:23364-1 Filed:01/25/23 Entered:01/25/23 17:27:35 Desc:

Exhibit A proposed Order Page 6 of 8
NAME

FIVE HUNDRED THIRTY-SECOND OMNIBUS OBJECTION

Exhibit A – Claims to Be Reclassified

CLAIM # DEBTOR AMOUNT DEBTOR AMOUNT

CLAIMS TO BE RECLASSIFIED MODIFIED CLAIMS

PRIORITY 

STATUS

PRIORITY 

STATUS

PPG ARCHITECTURAL COATINGS 

PUERTO RICO

PO BOX 9179

CAROLINA, PR 00987

4 14360 PUERTO RICO ELECTRIC $3,475.00

POWER AUTHORITY

Reason: Claimant asserts that a portion of their claim is entitled to administrative expense priority pursuant to 11 U.S.C. § 503(b)(9). However, the invoices attached in support of the claim 

either assert liability for maintenance services that are not entitled to administrative expense priority, or otherwise fall outside the 20-day window for eligibility under 11 U.S.C. 

§ 503(b)(9). Upon review of its books and records, PREPA has concluded that the claim is not entitled to administrative expense priority and should appropriately be classified as a 

general unsecured claim.

503(b)(9) Unsecured

Unsecured $73,564.96

$77,039.96

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Subtotal

$77,039.96

______________

PUERTO RICO ELECTRIC 

POWER AUTHORITY

SEPTIX

PO BOX 490 MERCEDITA

PONCE, PR 00715-0490

5 9646 PUERTO RICO ELECTRIC $995.20

POWER AUTHORITY

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Reason: Claimant asserts that their claim is secured and/or that they are entitled to administrative expense priority pursuant to 11 U.S.C. § 503(b)(9) or other priority pursuant to 11 U.S.C. § 

507(a). However, based on PREPA’s books and records, PREPA has concluded that the claim is not entitled to either administrative expense priority, priority, or secured status, and should 

appropriately be classified as a general unsecured claim.

503(b)(9) Unsecured $995.20

TECHNICAL MAINTENANCE 

SERVICES

PO BOX 3826

GUAYNABO, PR 00970

6 29658 PUERTO RICO ELECTRIC $6,724.00

POWER AUTHORITY

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Reason: Claimant asserts that their claim is entitled to administrative expense priority pursuant to 11 U.S.C. § 503(b)(9). However, based on PREPA’s books and records, PREPA has 

concluded that the claim is entitled to administrative expense priority and should be classified as such.

503(b)(9) Admin $6,724.00

Page 2 of 3

* - Indicates claim contains unliquidated and/or undetermined amounts.

Case:17-03283-LTS Doc#:23364-1 Filed:01/25/23 Entered:01/25/23 17:27:35 Desc:

Exhibit A proposed Order Page 7 of 8
NAME CLAIM # DEBTOR AMOUNT DEBTOR AMOUNT

CLAIMS TO BE RECLASSIFIED MODIFIED CLAIMS

PRIORITY 

STATUS

PRIORITY 

STATUS

TECHNICAL MAINTENANCE 

SERVICES

PO BOX 3826

GUAYNABO, PR 00970

7 31326 PUERTO RICO ELECTRIC $30,025.00

POWER AUTHORITY

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Reason: Claimant asserts that their claim is entitled to administrative expense priority pursuant to 11 U.S.C. § 503(b)(9). However, based on PREPA’s books and records, PREPA has 

concluded that the claim is entitled to administrative expense priority and should be classified as such.

503(b)(9) Admin $30,025.00

WDC PUERTO RICO INC.

PO BOX 309

CAGUAS, PR 00726

8 31766 PUERTO RICO ELECTRIC $146,709.67

POWER AUTHORITY

PUERTO RICO ELECTRIC 

POWER AUTHORITY

Reason: Claimant asserts that their claim is entitled to administrative expense priority pursuant to 11 U.S.C. § 503(b)(9). However, based on PREPA’s books and records, PREPA has 

concluded that (i) a portion of the claim is entitled to administrative expense priority and should be classified as such, (ii) another portion of the claim is entitled to administrative expense priority 

pursuant to 11 U.S.C. § 503(b)(9), and (iii) another portion is not entitled to either administrative expense priority, priority, or secured status, and should appropriately be classified as a general 

unsecured claim.

503(b)(9)

Page 3 of 3

* - Indicates claim contains unliquidated and/or undetermined amounts.

Admin $88,533.75

Unsecured

Subtotal

$38,507.28

$19,668.64

______________

$146,709.67

PUERTO R 503(b)(9) ICO ELECTRIC 

POWER AUTHORITY

PUERTO RICO ELECTRIC 

POWER AUTHORITY

FIVE HUNDRED THIRTY-SECOND OMNIBUS OBJECTION

Exhibit A – Claims to Be Reclassified

Case:17-03283-LTS Doc#:23364-1 Filed:01/25/23 Entered:01/25/23 17:27:35 Desc:

Exhibit A proposed Order Page 8 of 8