IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

In Re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO

as a 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 the 

Commonwealth.

EMPRESAS OMAJEDE, INC.

Plaintiff,

V

THE COMMONWEALTH OF PUERTO RICO

Defendant.

ADVERSARY PROC. NO. ____________

in 17-BK-3283-LTS

COMPLAINT TO DETERMINE THE VALIDITY 

AND ALLOWANCE OF A CLAIM

JURY TRAIL DEMAND

COMPLAINT

TO THE HONORABLE UNITED STATES DISTRICT JUDGE LAURA TAYLOR SWAIN:

COMES NOW, EMBRESAS OMAJEDE, INC. (the “Plaintiff”), by and through the 

undersigned counsel, and brings this adversary proceeding pursuant to 11 U.S.C. § 

502(b)&(c), as made applicable to Title III proceedings by PROMESA section 301(a), 

48 USC §2161(a), seeking an order determining that the debt owed to the Plaintiff by 

the Debtor, the Commonwealth (the “Debtor”, “Defendant” or “Commonwealth”) is a 

valid allowed claim and that the documentation is sufficient to assert a claim against 

the Commonwealth.

1 The Last Four Digits of the Federal Tax ID of the Commonwealth of Puerto Rico 

(the Debtor in Bankruptcy Case No. 17- BK-3283 (LTS)) is 3481.

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I. NATURE OF THE ACTION

1. This is an action to determine the validity and allowance of a Claim 

pursuant to Bankruptcy Rule 3007. The Initial POC, First Amended POC and Second 

Amended POC, as defined below, were filed pursuant to Section 501 and, as such, the 

Empresas Omajede Claim, as also defined below, therein asserted is deemed allowed 

under Section 502(a). The Plaintiff also seeks a determination that the Empresas 

Omajede Claim is allowed in the asserted amount of $338,503.37 pursuant to 11 

U.S.C. § 502(b)&(c) because the Commonwealth has not overcome the prima facie 

validity of the Second Amended POC, and (c), therefore, as an allowed claim, the 

Empresas Omajede Claim may participate in the corresponding distribution that may 

be provided by the plan that may eventually be approved in this Title III proceeding,

II. THE PARTIES

2. Plaintiff, Empresas Omajede, Inc. is an incorporated juridical entity 

formed under the Puerto Rico Corporations Law that owns the building known as “La 

Electrónica” building, which is located on 1608 Calle Bori, Suite 218, San Juan, PR 

00927 and which is recorded in Puerto Rico Property Registry in favor of Empresas 

Omajede.

3. Defendant, the Commonwealth of Puerto Rico is a Debtor in this 

PROMESA Title III case pursuant to restructuring certification issued by the 

Oversight Board on May 3, 2017, pursuant to PROMESA sections 104(j) and 206 and 

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pursuant to the voluntary petition for relief also filed by the Oversight Board in 

representation of the Commonwealth pursuant to PROMESA section 304(a).

III. JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §

1331(a) because the action arises under PROMESA, a Federal statute, and relates to 

the Commonwealth’s Title III case pursuant to PROMESA section 306(a)(2), 48 USC 

§2166(a)(2) and 11 U.S.C. § 502(b)&(c), as made applicable to Title III proceedings by 

PROMESA section 301(a), 48 USC §2161(a). This Adversary Proceeding is a core 

proceeding pursuant to 28 U.S.C. § 157(b)(2)(B).

5. Venue in the District of Puerto Rico is proper under PROMESA section 

307(a)(1) and 28 U.S.C. § 1409(a).

6. This adversary proceeding is brought pursuant to Section 502 of the 

Bankruptcy Code, 11 U.S.C. § 502(b)&(c) and Rule 3007 of the Federal Rules of 

Bankruptcy Procedure, Fed. R. Bankr. P. 3007; and seeks a declaratory judgment

that determines that the debt owed to the Plaintiff by the Debtor, the Commonwealth,

is a valid, allowed claim, that is adequately supported by the Initial POC, as defined 

below, and the subsequent amendments to said proof of claim by the First Amended 

POC and the Second Amended POC, also both defined below, are deemed allowed by 

11 U.S.C. § 502(a), as they were filed pursuant to 11 U.S.C. § 501.

7. Under Section 502(b)&(c), the Bankruptcy Code set out how claims are 

asserted and objected to in a bankruptcy case and has been made applicable to Title 

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III proceedings by PROMESA section 301(a), 48 USC §2161(a). Specifically, Section 

523(a) states that:

(a) A claim or interest, proof of which is filed under section 501 of this 

title [11 USCS § 501], is deemed allowed, unless a party in interest, 

including a creditor of a general partner in a partnership that is a 

debtor in a case under chapter 7 of this title [11 USCS §§ 701 et seq.], 

objects.

(b) Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this 

section, if such objection to a claim is made, the court, after notice 

and a hearing, shall determine the amount of such claim in lawful 

currency of the United States as of the date of the filing of the 

petition, and shall allow such claim in such amount, except to the 

extent that— (1) such claim is unenforceable against the debtor and property of the 

debtor, under any agreement or applicable law for a reason other 

than because such claim is contingent or unmatured;

(2) such claim is for unmatured interest;

(3) if such claim is for a tax assessed against property of the estate, 

such claim exceeds the value of the interest of the estate in such 

property;

(4) if such claim is for services of an insider or attorney of the debtor, 

such claim exceeds the reasonable value of such services;

(5) such claim is for a debt that is unmatured on the date of the filing 

of the petition and that is excepted from discharge under section 

523(a)(5) of this title [11 USCS § 523(a)(5)];

(6) if such claim is the claim of a lessor for damages resulting from 

the termination of a lease of real property, such claim exceeds—

(A) the rent reserved by such lease, without acceleration, for the 

greater of one year, or 15 percent, not to exceed three years, of 

the remaining term of such lease, following the earlier of—

(i) the date of the filing of the petition; and

(ii) the date on which such lessor repossessed or the lessee 

surrendered, the leased property; plus

(B) any unpaid rent due under such lease, without acceleration, 

on the earlier of such dates;

(7) if such claim is the claim of an employee for damages resulting 

from the termination of an employment contract, such claim 

exceeds—

(A) the compensation provided by such contract, without 

acceleration, for one year following the earlier of—

(i) the date of the filing of the petition; or

(ii) the date on which the employer directed the employee to 

terminate, or such employee terminated, performance 

under such contract; plus

(B) any unpaid compensation due under such contract, without 

acceleration, on the earlier of such dates;

(8) such claim results from a reduction, due to late payment, in the 

amount of an otherwise applicable credit available to the debtor 

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in connection with an employment tax on wages, salaries, or 

commissions earned from the debtor; or

(9) proof of such claim is not timely filed, except to the extent tardily 

filed as permitted under paragraph (1), (2), or (3) of section 726(a) 

[11 USCS § 726(a)] or under the Federal Rules of Bankruptcy 

Procedure, except that— (A) a claim of a governmental unit shall be timely filed if it is filed 

before 180 days after the date of the order for relief or such 

later time as the Federal Rules of Bankruptcy Procedure may 

provide; and

(B) in a case under chapter 13 [11 USCS §§ 1301 et seq.], a claim 

of a governmental unit for a tax with respect to a return filed 

under section 1308 [11 USCS § 1308] shall be timely if the 

claim is filed on or before the date that is 60 days after the 

date on which such return was filed as required.

(C) [Deleted]

(c) There shall be estimated for purpose of allowance under this 

section—

(1) any contingent or unliquidated claim, the fixing or liquidation of 

which, as the case may be, would unduly delay the administration 

of the case; or

(2) any right to payment arising from a right to an equitable remedy 

for breach of performance. 

11 U.S.C. § 502(b)&(c).

8. Fed. R. Bankr. P. 3007 establishes the procedures for objecting to a proof 

of claim and states that:

Rule 3007. Objections to Claims

(a) Time and manner of service.

(1) Time of Service. An objection to the allowance of a claim and a 

notice of objection that substantially conforms to the appropriate 

Official Form shall be filed and served at least 30 days before any 

scheduled hearing on the objection or any deadline for the 

claimant to request a hearing.

(2) Manner of Service.

(A) The objection and notice shall be served on a claimant by first- class mail to the person most recently designated on the 

claimant’s original or amended proof of claim as the person to 

receive notices, at the address so indicated; and

(i) if the objection is to a claim of the United States, or any of 

its officers or agencies, in the manner provided for service 

of a summons and complaint by Rule 7004(b)(4) or (5); or

(ii) if the objection is to a claim of an insured depository 

institution as defined in section 3 of the Federal Deposit 

Insurance Act, in the manner provided in Rule 7004(h).

(B) Service of the objection and notice shall also be made by firstclass mail or other permitted means on the debtor or debtor in 

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possession, the trustee, and, if applicable, the entity filing the 

proof of claim under Rule 3005.

(b) Demand for relief requiring an adversary proceeding. A party 

in interest shall not include a demand for relief of a kind specified in 

Rule 7001 in an objection to the allowance of a claim, but may include 

the objection in an adversary proceeding.

(c) Limitation on joinder of claims objections. Unless otherwise 

ordered by the court or permitted by subdivision (d), objections to 

more than one claim shall not be joined in a single objection.

(d) Omnibus objection. Subject to subdivision (e), objections to more 

than one claim may be joined in an omnibus objection if all the claims 

were filed by the same entity, or the objections are based solely on 

the grounds that the claims should be disallowed, in whole or in part, 

because:

(1) they duplicate other claims;

(2) they have been filed in the wrong case;

(3) they have been amended by subsequently filed proofs of claim;

(4) they were not timely filed;

(5) they have been satisfied or released during the case in accordance 

with the Code, applicable rules, or a court order;

(6) they were presented in a form that does not comply with 

applicable rules, and the objection states that the objector is 

unable to determine the validity of the claim because of the 

noncompliance;

(7) they are interests, rather than claims; or

(8) they assert priority in an amount that exceeds the maximum 

amount under § 507 of the Code [11 USCS § 507].

(e) Requirements for omnibus objection. An omnibus objection 

shall:

(1) state in a conspicuous place that claimants receiving the objection 

should locate their names and claims in the objection;

(2) list claimants alphabetically, provide a cross-reference to claim 

numbers, and, if appropriate, list claimants by category of claims;

(3) state the grounds of the objection to each claim and provide a 

cross-reference to the pages in the omnibus objection pertinent to 

the stated grounds;

(4) state in the title the identity of the objector and the grounds for 

the objections;

(5) be numbered consecutively with other omnibus objections filed by 

the same objector; and

(6) contain objections to no more than 100 claims.

(f) Finality of objection. The finality of any order regarding a claim 

objection included in an omnibus objection shall be determined as 

though the claim had been subject to an individual objection.

Fed. R. Bankr. P. 3007.

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9. Fed. R. Bankr. P. 3007(b) requires that an adversary proceeding be filed 

when the objection requests relief of a kind specified in Fed. R. Bankr. P. 7001.

10. Fed. R. Bankr. P. 7001 requires that “a proceeding to recover money or 

property, other than a proceeding to compel the debtor to deliver property to the 

trustee” and that “a proceeding to obtain a declaratory judgment” be filed as an 

adversary proceeding governed by Part VII of the Federal Rules of Bankruptcy 

Procedure.

11. Therefore, where substance of debtor’s objection to proof of claim 

concerns declaration regarding creditor’s right to recover money from debtor’s 

bankruptcy estate, it is appropriate to convert proof of claim and objection into 

adversary proceeding under authority of Fed. R. Bankr. P. 3007. In re Farmland 

Indus., 305 B.R. 490, 51 Collier Bankr. Cas. 2d (MB) 1022, 2003 Bankr. LEXIS 1761 

(Bankr. W.D. Mo. 2003).

12. Nothing in case law nor in Federal Rules of Bankruptcy Procedure or 

Bankruptcy Code specifically precludes objection to proof of claim filed in bankruptcy 

from being brought as adversary proceeding pursuant to Fed. R. Bankr. P. 7001. See

Moi v. Asset Acceptance LLC (In re Moi), 381 B.R. 770, 2008 Bankr. LEXIS 221 

(Bankr. S.D. Cal. 2008) (An adversary proceeding as described in Fed. R. Bankr. P. 

7001 is just procedure and does not, of itself, give rise to some broader array of causes 

of action or remedies).

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13. In certain cases, an objection to a claim that is filed against debtor’s 

bankruptcy estate is the improper outlet for raising a certain type of claim, such as a 

claim of setoff. See In re UTEX Communs. Corp., 457 B.R. 549, 2011 Bankr. LEXIS 

3636 (Bankr. W.D. Tex. 2011) (Fed. R. Bankr. P. 3007(b) provides that in objecting to 

claim, party in interest shall not include demand for relief of kind specified in Fed. R. 

Bankr. P. 7001, but may include objection in adversary proceeding.).

14. As the Plaintiff in this adversary proceeding seeks a declaratory 

judgment determining that the Empresas Omajede Claim, as set forth in the Initial 

POC and as amended by the First Amended POC and the Second Amended POC (a) 

asserts a valid claim against the Commonwealth that is deemed allowed pursuant to 

11 U.S.C. § 502(a), (b) is allowed in the asserted amount of $338,503.37 pursuant to 

11 U.S.C. § 502(b)&(c), and (c) may participate in the corresponding distribution that 

may be provided by the plan that may eventually be approved in this Title III 

proceeding, such relief must be requested through an adversary proceeding in 

accordance with Fed. R. Bankr. P. 7001 and the rules contained in Part VII of the 

Federal Rules of Bankruptcy Procedure are applicable to the adversary proceeding.

15. The Plaintiff demands a jury trial for all issues triable by a jury raised 

in this adversary proceeding pursuant to Fed. R. Civ. P. 38 and as made applicable 

by Fed. R. Bankr. P. 9015.

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IV. RELEVANT FACTS

16. The Public Service Commission (known in Spanish as “La Comisión de 

Servicio Público”) is an agency of the Commonwealth of Puerto Rico and for whom 

the Commonwealth is liable. See Exhibit 1, Lease Agreement.

17. On March 9, 2011, the Public Service Commission signed a lease 

agreement titled “Contrato de Arrendamiento de Locales por Cinco Años hasta 

Treinta Años” in Spanish, which is translated to English as Lease Agreement of Locals 

for Five Years to Thirty Years. See Exhibit 1-A, Lease Agreement.

18. On March 9, 2011, Contract #2011-000009 was filed with the Office of 

the Comptroller of Puerto Rico. See Exhibit 1-B, Lease Agreement Registration.

19. On August 1, 2011, the Public Service Commission signed a “Documento 

de Aceptación y Toma de Posesión del Local La Electrónica-Anejo I al Contrato 2011-

000009” in Spanish, which is translated to English as Document of Acceptance and 

Taking Possession of Local -Exhibit I to Contract #2011-000009. See Exhibit 2-A, 

Acceptance to Take Possession.

20. On August 1, 2011, Contract #2011-000009 was filed with the Office of 

the Comptroller of Puerto Rico. See Exhibit 2-B, Acceptance Registration.

21. On September 7, 2012, the Public Service Commission signed a 

“Enmienda al Contrato 2011-000009, para cumplir con la Cláusula de Amortización 

de Mejoras. Se Aneja Como Parte Integral del Contrato Original Núm. 2011-000009.” 

in Spanish, which is translated to English as Amendment to Contract #2011-000009, 

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to Comply with the Improvements Amortization Clause. Attached as an Integral Part 

of the Original Contract #2011-000009. See Exhibit 3-A, Lease Amendment.

22. On September 7, 2012, the Amendment to Contract #2011-000009 was 

filed with the Office of the Comptroller of Puerto Rico. See Exhibit 3-B, Lease 

Amendment Registration.

23. On May 3, 2017, the Oversight Board issued a restructuring certification 

pursuant to PROMESA sections 104(j) and 206 and filed a voluntary petition for relief 

for the Commonwealth of Puerto Rico (the “Commonwealth”) pursuant to PROMESA 

section 304(a), commencing a case under Title III thereof (the “Commonwealth Title 

III Case”). Dkt. 1

24. The Commonwealth’s PROMESA Title III case stayed all of Empresas 

Omajede’s collection actions. Dkt. 1

25. On June 13, 2017, the Public Service Commission handed back the keys

and sent a letter by Email to Empresas Omajede to confirm the handover of the keys.

See Exhibit 4, First Letter and Exhibit 5, Second Letter.

26. The first letter (dated June 13, 2017) states that, even though the Public 

Service Commission had unoccupied the building, the keys had not been returned 

and requested instructions as to the return of the keys. See Exhibit 4, First Letter.

27. A second letter (also dated June 13, 2017) states that the return of the 

keys is confirmed therein. See Exhibit 5, Second Letter.

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28. The Public Service Commission’s unpaid balance related to the lease, as 

of the commencement of the Commonwealth’s Title III proceeding was $338,503.37.

See Exhibit 6, Excel Table.

29. The first proof of claim on 05/25/18 filed by Empresas Omajede (the 

“Initial POC”) is for a claim in the amount of $338,503.37 related to debt incurred by 

the Commonwealth as a result of the Public Service Commission entering into a lease 

agreement for the rental of the “La Electrónica” building (Claim #21372). The Initial 

POC (Claim #21372) is listed in the Claims Register under the enumeration # 1539-

1. See Exhibit 7, Claim #21372, which is listed in the Claims Register under # 1539-

1.

30. The second proof of claim filed on 06/25/18 by the Empresas Omajede 

(the “First Amended POC”) is for a claim in the amount of $338,503.37 related to debt 

incurred by the Commonwealth as a result of the Public Service Commission entering 

into a lease agreement for the rental of the “La Electrónica” building (Claim #70324). 

It is an amended claim, that amends the Initial POC (Claim #21372). The First 

Amended POC (Claim #70324) is listed in the Claims Register as Claim # 1539-2, 

which reflects that it is an amended claim related to the Initial POC. See Exhibit 8, 

Claim #70324, which is listed in the Claims Register under # 1539-2.

31. The third proof of claim filed on 10/17/22 by Empresas Omajede (the 

“Second Amended POC”) is for a claim in the amount of $338,503.37 related to debt 

incurred by the Commonwealth as a result of the Public Service Commission entering 

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into a lease agreement for the rental of the “La Electrónica” building (Claim 

#_______). It is an amended claim, that amends the First Amended POC (Claim 

#70324). It supplements the supporting documentation with English translations and 

a written statement regarding the basis for the claim. See Exhibit 9, Filing of Second 

Amended Claim (Claim #_________).

V. PROCEDURAL BACKGROUND

32. On May 3, 2017, the Oversight Board issued a restructuring certification 

pursuant to PROMESA sections 104(j) and 206 and filed a voluntary petition for relief 

for the Commonwealth of Puerto Rico (the “Commonwealth”) pursuant to PROMESA 

section 304(a), commencing a case under Title III thereof (the “Commonwealth Title 

III Case”). Dkt. 1

33. The Court entered the Order (A) Establishing Deadlines and Procedures 

for Filing Proofs of Claims and (B) Approving Form and Manner of Notice Thereof

(the “Initial Bar Date Order”).2 Dkt. 2521

34. The Bar Date Order states that “[a]ny disallowance of claims (including, 

without limitation, duplicate claims) shall be made in accordance with, and to the 

extent provided for under, applicable law without giving effect to the entry of this 

Order (other than the form, timing, manner of filing, and other procedural 

requirements for filing proofs of claim set forth herein).” Dkt. 2521

2 The Initial Bar Date Order was amended by the Order in Dkt. 3160 which 

extended the bar date for filing proofs of claim to June 29, 2018 at 4:00pm (Atlantic 

Time). Dkt. 3160

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35. The Bar Date Order states that “All proofs of claim must (i) be written 

in English or Spanish; (ii) be denominated in lawful currency of the United States as 

of the relevant Title III Case commencement date; (iii) set forth with specificity the 

legal and factual basis for the asserted claim; (iv) include a copy of the supporting 

documentation (or, if such documentation is voluminous, a summary of such 

documentation must be attached) or an explanation as to why such documentation is 

not available, with such documentation, summary, or explanation being provided in 

English or Spanish; (v) include an original or electronic signature of the claimant or 

an authorized agent of the claimant; and (vi) substantially conform to the Proof of 

Claim Form approved by this Order if submitted using an alternative form. Any 

claimant that provides a summary in lieu of supporting documentation shall transmit 

the documents in support of its claim to Prime Clerk [now Kroll] and the applicable 

Debtor within ten days after the date of any written request by the applicable Debtor 

for such documents, to the extent such documents are in the possession of the 

claimant. After the applicable Bar Dates, amendments to timely filed proofs of claim 

will only be allowed to the extent an amended claim is based on the same facts and 

circumstances as a timely filed claim, and in accordance with applicable law, or as 

otherwise ordered by the Court.” Dkt. 2521

36. On November 14, 2018, the Court entered the Order (A) Approving 

Limited Omnibus Objection Procedures, (B) Waiving the Requirement of Bankruptcy 

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Rule 3007(e)(6), and (C) Granting Related Relief (the “Initial Omnibus Objection 

Procedure Order”). Dkt. 4230

37. The Initial Omnibus Objection Procedure Order exempts the Debtors 

from complying with Bankruptcy Rule 3007(e)(6), raises the amount of claims that 

may be accumulated in a single omnibus objection to five hundred and, among other 

things, states that “[n]otwithstanding anything to the contrary in PROMESA, the 

Bankruptcy Code, the Bankruptcy Rules, or the Local Bankruptcy Rules, and 

pursuant to Bankruptcy Rule 3007(c), the Debtors may file Omnibus Objections that 

include objections to claims on any basis provided for in Bankruptcy Rule 3007(d)(1) 

– (7).” Dkt. 4230

38. On June 14, 2019, the Court entered the Order (A) Approving Amended 

Omnibus Objection Procedures, (B) Waiving Requirements of Bankruptcy Rule 

3007(e), (C) Approving Additional Forms of Notice, and (D) Granting Related Relief

(the “Second Omnibus Objection Procedure Order”). Dkt. 7440

39. The Second Omnibus Objection Procedure Order exempts the Debtors 

from complying with Bankruptcy Rule 3007(e)(3), raises the amount of claims that 

may be accumulated in a single omnibus objection to one thousand and, among other 

things, states that in addition to the grounds, the Debtors may assert, as additional 

grounds, any of the following grounds: “a. Claims are inconsistent with the Debtors’ 

books and records; b. Claims fail to specify the asserted amount for each Claim, or for 

each Claim only list the amount as ‘unliquidated’; c. Claims seek recovery of amounts 

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for which the Debtors are not liable; d. Claims are incorrectly or improperly classified; 

or e. Claims are filed against non-Debtors.” Dkt. 7440

40. The Second Omnibus Objection Procedure Order together with the 

Initial Omnibus Objection Procedure Order will hereafter referred to as the 

“Amended Omnibus Objection Procedures”).

41. On March 12, 2021, the Commonwealth filed a first omnibus objection

with respect to the Empresas Omajede claim, which is titled Two Hundred NinetyEight Omnibus Objection (Non-Substantive) of the Commonwealth of Puerto Rico, the 

Puerto Rico Highways and Transportation Authority, the and the Employees 

Retirement System of the Commonwealth of Puerto Rico to Subsequently Amended 

Claims. Dkt. 16018. The 298th Omnibus Objection was filed under the Amended 

Omnibus Objection Procedures.

42. The 298th Omnibus Objection requested that the original claim be 

disallowed and expunged because it was later amended, and the amended claim 

superseded the original claim. Dkt. 16018.

43. With respect to the Empresas Omajede Claim, in the Exhibit to the 

298th Omnibus Objection, the Commonwealth stated that, with respect to Claim 

#21372 which was filed on 05/25/2018 with respect to 17 BK 03283-LTS and the 

Commonwealth Debtor and that asserts a claim for $338,503.37, the reason for the 

objection is that the claim was “[a]mended and superseded by a later filed Proof of 

Claim” and listed Claim #70324 which was filed on 06/25/2018 with respect to 17 BK 

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03283-LTS and the Commonwealth Debtor and that asserts a claim for $338,503.37 

as the remaining claim. Dkt. 16018 (Exhibit A).

44. On May 28, 2021, the Court entered an order granting the 298th

Omnibus Objection, which disallowed the Initial POC in its entirety. Dkt. 16823

45. On August 20, 2021, the Commonwealth filed a second omnibus 

objection with respect to the Empresas Omajede claim, which is titled Three Hundred 

Seventy Second Omnibus Objection (Non-Substantive) of the Commonwealth of Puerto 

Rico to Partially Satisfied and Partially No Liability Claims. Dkt. 17918. The 372nd

Omnibus Objection was filed under the Amended Omnibus Objection Procedures.

46. The 372nd Omnibus Objection requested that the asserted claim 

amount be reduced because of 2 alleged post-petition payments purportedly reduced

the claim to $182,692.41. Dkt. 17918.

47. With respect to the Empresas Omajede Claim, in the Exhibit to the 

372nd Omnibus Objection, the Commonwealth stated that, with respect to Claim 

#70324 which was filed on 06/25/2018 with respect to 17 BK 03283-LTS and the 

Commonwealth Debtor and that asserts a claim for $338,503.37, the reason for the 

objection is that the “Invoices totaling $155,810.96 were paid via multiple EFT's 

during the period 02/08/2017 and 05/11/2017. The Claimant shall retain the nonmodified portion of the claim.” Dkt. 17918 (Exhibit A).

48. The Kroll website shows the 372nd Omnibus Objection as pending.

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49. On September 16, 2022, the Commonwealth filed an omnibus objection 

with respect to the Empresas Omajede Claim, which is titled Five Hundred 

Nineteenth Omnibus Objection (Non-Substantive) of the Commonwealth of Puerto 

Rico, the Puerto Rico Public Buildings Authority and the Puerto Rico Highways and 

Transportation Authority to Deficient Claims. Dkt. 22254. The 519th Omnibus 

Objection was filed under the Amended Omnibus Objection Procedures.

50. With respect to the Empresas Omajede Claim, in the Exhibit to the 

519th Omnibus Objection, the Commonwealth stated that, with respect to Claim 

#70324 which was filed on 06/25/2018 with respect to 17 BK 03283-LTS and the 

Commonwealth Debtor and that asserts a claim for $338,503.37, the reason for the 

objection is that the “Proof of claim purports to assert liabilities associated with the 

Commonwealth of Puerto Rico, but fails to provide any basis or supporting 

documentation for asserting a claim against the Commonwealth of Puerto Rico, such 

that the Debtors are unable to determine whether claimant has a valid claim against 

the Commonwealth of Puerto Rico or any of the other Title III debtors. Claim #70324 

also contained on Exhibit A to the 372nd Omnibus Claims Objection for Modified

Claims.” Dkt. 22254 (Exhibit A). The Kroll website shows the 519th Omnibus 

Objection as pending.

51. Although Exhibit A to the 519th Omnibus Objection mentions that it 

was also contained in Exhibit A to the 372nd Omnibus Objection, it does not reflect 

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that the asserted claim amount was modified in the previous objection. Dkt. 22254 

(Exhibit A).

52. From the Procedural History, However, it seems that the provided 

reason does not correspond to the Empresas Omajede Claim as said claim is neither 

unsubstantiated nor deficient and the Commonwealth has been able to identify the 

basis claim because, in the 372nd Omnibus Objection, the Commonwealth 

purportedly found 2 payments reducing the asserted amount claimed to be owed by 

the Commonwealth. 

53. First, it is incorrect that the Empresas Omajede Claim does not provide 

any basis or supporting documentation. 

54. Second, the Empresas Omajede Claim does comply with all of the 

requirements of the Bar Date Order to assert a claim against the Commonwealth

because:

(i) The Claim is in English and the supporting documentation is in 

Spanish, which fulfills the requirement that the claim be written in 

English or Spanish; 

(ii) The Claim states, in the lawful currency of the United States, what 

amount was owed by the Commonwealth as of the Commonwealth’s

Title III Case commencement date and sets forth; 

(iii) The Claim states with specificity the legal and factual basis for the 

asserted claim, which is the unpaid balance of a real estate lease; 

(iv) The Claim includes copies of all of the required supporting 

documentation, which is in the Spanish language; 

(v) The Claim includes an original or electronic signature of the 

claimant’s authorized agent;

and 

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(vi) the Claim was filed with a form that substantially conforms to the 

Proof of Claim Form approved by the Bar Date Order.

55. Third, as the Empresas Omajede Claim supplements a timely filed claim 

and is based on the same substantive basis as the original timely filed claim, the 

Empresas Omajede Claim has been timely filed.

56. Hence, the Empresas Omajede Claim does not fit the reason stated in 

Exhibit A to the 519th Omnibus Objection, as it is a timely filed amended claim 

that complies with all of the requirements of Section 501 of the Bankruptcy Code and 

the Bar Date Order to assert a claim against the Commonwealth in the English 

language on the Proof of Claim Form approved by the Bar Date Order and that 

includes all of the required supporting documentation in the Spanish language as 

attachments to the Proof of Claim Form.

57. Moreover, the reason stated in the 519th Omnibus Objection seems 

incompatible with the 372nd Omnibus Objection, inasmuch as in the 372nd

Omnibus Objection the Commonwealth does seem to have identified the basis for 

the claim, as the Commonwealth purports to have found 2 payments to reduce the 

asserted amount due by the Commonwealth and allowed the claim in the reduced 

amount of $155,810.96. To that effect, 372nd Omnibus Objection states that “[t]he 

Claimant shall retain the non-modified portion of the claim.”

58. As a result of the 519th Omnibus Objection, the Plaintiff has filed the 

Second Amended POC which was filed on 10/17/2022 with respect to 17 BK 03283-

LTS and the Commonwealth Debtor and that asserts a claim for $338,503.37 and 

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supplements the documents supporting the claim with English Translations of the 

Lease documents and a written explanation of the basis for the claim. 

59. In light of all of the above, the Plaintiff has complied with the 

requirements of Section 501 of the Bankruptcy Code, to establish a prima facie

validity of the proofs of claim that asserts Empresas Omajede Claim as a valid, 

allowable claim against the Commonwealth, the Debtor in this Title II Proceedings, 

which is deemed allowed pursuant to Section 502(a) of the Bankruptcy Code. 

Moreover, the Commonwealth has not met its burden to overcome the prima facie

validity of the proofs of claim setting forth the Empresas Omajede claim, which was

filed by the Plaintiff in the Initial POC and was later amended by the First Amended 

POC and the Second Amended POC. Therefore, the Empresas Omajede claim, as 

asserted in the Second Amended POC, must be allowed pursuant to Sections 502(b) 

and 502(c) of the Bankruptcy Code.

VI. CAUSES OF ACTION

COUNT I -

THE INITIAL POC, FIRST AMENDED POC AND SECOND AMENDED POC WERE FILED PURSUANT TO 

SECTION 501, THE EMPRESAS OMAJEDE CLAIM IS DEEMED ALLOWED UNDER SECTION 502(a).

60. Plaintiffs repeat and reallege the allegations in ¶¶ 1 through 59.

61. The first proof of claim filed on 05/25/18 by Empresas Omajede (the 

“Initial POC”) is for a claim in the amount of $338,503.37 related to debt incurred by 

the Commonwealth as a result of the Public Service Commission entering into a lease 

agreement for the rental of the “La Electrónica” building (Claim #21372). The Initial 

POC (Claim #21372) is listed in the Claims Register under the enumeration # 1539-

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1. See Exhibit 7, Claim #21372, which is listed in the Claims Register under # 1539-

1.

62. The second proof of claim filed on 06/25/18 by the Empresas Omajede 

(the “First Amended POC”) is for a claim in the amount of $338,503.37 related to debt 

incurred by the Commonwealth as a result of the Public Service Commission entering 

into a lease agreement for the rental of the “La Electrónica” building (Claim #70324). 

It is an amended claim, that amends the Initial POC (Claim #21372). The First 

Amended POC (Claim #70324) is listed in the Claims Register as Claim # 1539-2, 

which reflects that it is an amended claim related to the Initial POC. See Exhibit 8, 

Claim #70324, which is listed in the Claims Register under # 1539-2.

63. The third proof of claim filed on 10/17/22 by Empresas Omajede (the 

“Second Amended POC”) is for a claim in the amount of $338,503.37 related to debt 

incurred by the Commonwealth as a result of the Public Service Commission entering 

into a lease agreement for the rental of the “La Electrónica” building (Claim 

#_______). It is an amended claim, that amends the First Amended POC (Claim 

#70324). See Exhibit 9, Filing of Second Amended Claim (Claim #_________).

64. As such, Empresas Omajede has a right to a determination and 

declaratory judgment that establishes that the Initial POC, First Amended POC and 

Second Amended POC were filed pursuant to Section 501 and, as such, the Empresas 

Omajede claim therein asserted is deemed allowed under Section 502(a).

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COUNT II -

THE PRIMA FACIE VALIDITY OF THE EMPRESAS OMAJEDE CLAIM HAS NOT BEEN OVERCOME BY THE 

COMMONWEALTH IN ORDER TO DISALLOW THE CLAIM UNDER SECTION 502(B) AND 502(c)

65. Plaintiffs repeat and reallege the allegations in ¶¶ 1 through 64.

66. The first proof of claim filed on 05/25/18 by Empresas Omajede (the 

“Initial POC”) is for a claim in the amount of $338,503.37 related to debt incurred by 

the Commonwealth as a result of the Public Service Commission entering into a lease 

agreement for the rental of the “La Electrónica” building (Claim #21372). The Initial 

POC (Claim #21372) is listed in the Claims Register under the enumeration # 1539-

1. See Exhibit 7, Claim #21372, which is listed in the Claims Register under # 1539-

1.

67. The second proof of claim filed on 06/25/18 by the Empresas Omajede

(the “First Amended POC”) is for a claim in the amount of $338,503.37 related to debt 

incurred by the Commonwealth as a result of the Public Service Commission entering 

into a lease agreement for the rental of the “La Electrónica” building (Claim #70324). 

It is an amended claim, that amends the Initial POC (Claim #21372). The First 

Amended POC (Claim #70324) is listed in the Claims Register as Claim # 1539-2, 

which reflects that it is an amended claim related to the Initial POC. See Exhibit 8, 

Claim #70324, which is listed in the Claims Register under # 1539-2.

68. The third proof of claim filed on 10/17/22 by Empresas Omajede (the 

“Second Amended POC”) is for a claim in the amount of $338,503.37 related to debt 

incurred by the Commonwealth as a result of the Public Service Commission entering 

into a lease agreement for the rental of the “La Electrónica” building (Claim 

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#_______). It is an amended claim, that amends the First Amended POC (Claim 

#70324). See Exhibit 9, Filing of Second Amended Claim (Claim #_________).

69. The prima facie validity of the Empresas Omajede Claim has not been 

overcome by the Commonwealth in order for the Commonwealth to obtain the 

disallowance of the Empresas Omajede Claim under Section 502(b) and 502(c) of the 

Bankruptcy Code.

70. As such, Empresas Omajede has a right to a determination and 

declaratory judgment that establishes that the Second Amended POC asserts a valid 

claim against the Commonwealth and that the Second Amended POC is allowed in 

the asserted amount of $338,503.37, so that it may participate in the corresponding 

distribution that may be provided by the plan that may eventually be approved in 

this Title III proceeding. 

VII. CONCLUSION AND PRAYER FOR RELIEF

71. Plaintiffs repeat and reallege the allegations in ¶¶ 1 through 70.

72. Empresas Omajede has a right to a declaratory judgment that 

determines that the Empresas Omajede Claim, as set forth in the Initial POC and as 

amended by the First Amended POC and the Second Amended POC were filed 

pursuant to Section 501 and, as such, the Empresas Omajede claim therein asserted 

is deemed allowed under Section 502(a).

73. Empresas Omajede has a right to a declaratory judgment that 

determines that the prima facie validity of the Empresas Omajede Claim has not been 

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overcome by the Commonwealth in order for the Commonwealth to obtain the 

disallowance of the Empresas Omajede Claim under Section 502(b) and 502(c) of the 

Bankruptcy Code and, therefore, the Empresas Omajede Claim, as set forth in the 

Second Amended POC is allowed in the asserted amount of $338,503.37 pursuant to 

11 U.S.C. § 502(b)&(c) and, as an allowed claim, may participate in the corresponding 

distribution that may be provided by the plan that may eventually be approved in 

this Title III proceeding.

WHEREFORE, the Plaintiff respectfully requests that the Court: (i) determine 

that the Empresas Omajede Claim, as set forth in the Second Amended POC,: (a) 

asserts a valid claim against the Commonwealth filed pursuant to 11 U.S.C. § 501 

with prima facie validity that is deemed allowed pursuant to 11 U.S.C. § 502(a); (b) 

is allowed in the asserted amount of $338,503.37 pursuant to 11 U.S.C. § 502(b)&(c)

because the Commonwealth has not overcome the prima facie validity of the proofs 

of claim setting forth the Empresas Omajede Claim; and (c), as an allowed claim, may 

participate in the corresponding distribution that may be provided by the plan that 

may eventually be approved in this Title III proceeding; (ii) enter a declaratory 

judgment in favor of Plaintiff and against the Debtor declaring that the Empresas 

Omajede Claim, as set forth in the Second Amended POC: (a) asserts a valid claim 

against the Commonwealth; (b) is allowed in the asserted amount of $338,503.37; and 

(c) may participate in the corresponding distribution that may be provided by the 

plan that may eventually be approved in this Title III proceeding; and (iii) grant the 

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Plaintiff any other relief that it deems just and proper or that may be granted under 

Puerto Rico law or in equity. A proposed Final Judgment is included as Exhibit A.

RESPECTFULLY SUBMITTED.

In San Juan, PR, this 17th day of October, 2022.

DML |Diaz Mayoral Law

Attorney for ESJ Towers Condominium 

Homeowners Association

s/ Monique Diaz Mayoral

USDC-PR No. 225712

151 San Francisco Street

San Juan, PR 00901

(754)755-5508

m@diazmayorallaw.com

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EXHIBIT A

PROPOSED JUDGMENT

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IN THE UNITED STATES DISTRICT COURT

DISTRICT OF PUERTO RICO

In Re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO

as a representative of

THE COMMONWEALTH OF PUERTO RICO 

et al.

Debtors.

PROMESA Title III

NO.: 17-BK-3283-LTS

(Jointly Administered)

This filing relates to the 

Commonwealth.

EMPRESAS OMAJEDE, INC.

Plaintiff,

V

THE COMMONWEALTH OF PUERTO RICO

Defendant.

ADVERSARY PROC. NO. ____________

in 17-BK-3283-LTS

COMPLAINT TO DETERMINE THE VALIDITY 

AND ALLOWANCE OF A CLAIM

JURY REQUESTED

FINAL JUDGMENT OF ALLOWANCE OF CLAIM

This cause came before the Court on the Adversary Complaint filed by Plaintiff 

Empresas Omajede, Inc. in the above-captioned proceeding seeking a determination 

of the validity and allowance of the claim pursuant to 11 U.S.C. §502(b) and 502(c).

This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334, 

and the matter is deemed a core proceeding under 28 U.S.C. § 157(b)(2)(I). Venue is 

proper under 28 U.S.C. §§ 1408 and 1409. 

Due notice having been given, having considered all timely-filed oppositions, 

having considered the pleadings and the record in this case, and otherwise being fully 

advised in the premises, and good cause appearing thereof, it is HEREBY ORDERED 

AND ADJUDGED:

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1. Final Judgment of Allowance of Claim is entered in favor of the 

Plaintiff Empresas Omajede, Inc. with respect to the Initial POC, the First 

Amended POC, and the Second Amended POC, pursuant to 11 U.S.C. §502(b) and 

502(c).

2. It is adjudged that Defendant, the Commonwealth, owes the Plaintiff 

Empresas Omajede, Inc. $338,354.32 on account of the claim asserted in the 

Initial POC, as amended by the First Amended POC and the Second Amended 

POC.

3. The amount owed by Defendant, the Commonwealth, to Plaintiff 

Empresas Omajede, Inc. on account of the claim asserted in the Initial POC, as 

amended by the First Amended POC and the Second Amended POC shall 

participate in the distribution of the plan that may eventually be approved in this 

Title III proceeding.

IT IS SO ADJUDGED AND ORDERED.

In San Juan, Puerto Rico, this ___________ day of _________, 2022.

________________________________________

Honorable Judge Laura Taylor Swain

United States District Judge

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