230110 ORD RE 347TH OMNI OBJ VERSION JANUARY 10, 2023 1

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, et 

al.,

Debtors.1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

ORDER GRANTING THE THREE HUNDRED FORTY-SEVENTH OMNIBUS OBJECTION 

(SUBSTANTIVE) OF THE COMMONWEALTH OF PUERTO RICO, THE PUERTO RICO 

HIGHWAYS AND TRANSPORTATION AUTHORITY, AND THE EMPLOYEES 

RETIREMENT SYSTEM OF THE GOVERNMENT OF THE COMMONWEALTH 

OF PUERTO RICO TO MISCLASSIFIED AND OVERSTATED CLAIMS

Upon the Three Hundred Forty-Seventh Omnibus Objection (Substantive) of the 

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

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

Misclassified and Overstated Claims (Docket Entry No. 17109) (the “Three Hundred Forty-

 

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 (“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).

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230110 ORD RE 347TH OMNI OBJ VERSION JANUARY 10, 2023 2

Seventh Omnibus Objection”), filed by the Commonwealth of Puerto Rico (“Commonwealth”), 

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

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

Commonwealth and HTA, the “Debtors”), dated June 18, 2021, for entry of an order reclassifying 

and/or modifying certain claims filed against the Debtors, as more fully set forth in the Three 

Hundred Forty-Seventh Omnibus Objection and supporting exhibits thereto; and the Court having 

jurisdiction to consider the Three Hundred Forty-Seventh 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 Three Hundred Forty-Seventh 

Omnibus Objection having been provided to those parties identified therein, and no other or further 

notice being required; and upon the Notice of Presentment of Proposed Order Granting the Three 

Hundred Forty-Seventh Omnibus Objection (Substantive) of the Commonwealth of Puerto Rico, 

the Puerto Rico Highways and Transportation Authority, and the Employees Retirement System of 

the Government of the Commonwealth of Puerto Rico to Misclassified and Overstated Claims, 

dated May 24, 2022 (Docket Entry No. 20962, the “Notice”), for entry of an order reclassifying

the Claims to Be Heard (as defined below), the Claims Heard at August 2021 Omnibus Hearing 

(as defined below), and the Claims to Be Reclassified via Notice of Presentment2, as more fully 

set forth in the Notice; and upon the record of the hearing held on the Three Hundred Forty-Seventh

Omnibus Objection on August 4, 2021, and the rulings made therein, sustaining the Three Hundred 

Forty-Seventh Omnibus Objection as to Proofs of Claim Nos. 29547, 42138, 66935, 105171, and 

109157 (the “Claims Heard at August 2021 Omnibus Hearing”) on the grounds that claimants do 

 2 Capitalized terms used but not otherwise defined herein have the meanings given to them 

in the Notice. 

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230110 ORD RE 347TH OMNI OBJ VERSION JANUARY 10, 2023 3

not dispute that the claims should be reduced and the claims fail to assert a valid basis for 

administrative expense priority; and upon the record of the hearing held on the Three Hundred 

Forty-Seventh Omnibus Objection on January 19-20, 2022, and the rulings made therein, 

sustaining the Three Hundred Forty-Seventh Omnibus Objection as to Proofs of Claim Nos. 25360, 

27235, and 28171 (the “Claims to Be Heard”) on the grounds that claimants do not dispute that 

the claims should be reduced and the claims fail to assert a valid basis for administrative expense 

priority; and the Court having determined that the relief sought in the Three Hundred FortySeventh Omnibus Objection is in the best interests of the Debtors, their creditors, and all parties 

in interest; and the Court having determined that the legal and factual bases set forth in the Three 

Hundred Forty-Seventh Omnibus Objection establish just cause for the relief granted herein; and 

after due deliberation and sufficient cause appearing therefor, it is hereby:

ORDERED that the Three Hundred Forty-Seventh Omnibus Objection is 

GRANTED as set forth herein; and it is further

ORDERED that the Claims to Be Heard, the Claims Heard at August 2021 

Omnibus Hearing, and the Claims to Be Reclassified via Notice of Presentment (collectively, the 

“Claims to Be Reclassified”) are hereby reduced and/or reclassified, such that the Claims to Be 

Reclassified shall now only be considered claims asserted as general unsecured claims in a reduced 

amount, as set forth in the column titled “Modified Claim” in Exhibit A to the Three Hundred 

Forty-Seventh 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

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230110 ORD RE 347TH OMNI OBJ VERSION JANUARY 10, 2023 4

ORDERED that Kroll Restructuring Associates, LLC (“Kroll”) is authorized and 

directed to correct the Claims to Be Reclassified to reflect their status as general unsecured claims 

asserted in a reduced amount on the official claims register in the Title III Cases; and it is further

ORDERED that this Order resolves Docket Entry No. 17109 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: January 10, 2023

/s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

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