221004 ORD RE 312TH OMNI OBJ VERSION OCTOBER 4, 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 GRANTING THE THREE HUNDRED TWELFTH OMNIBUS OBJECTION (NON-SUBSTANTIVE) OF 

THE COMMONWEALTH OF PUERTO RICO AND THE EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF PUERTO RICO TO MISCELLANEOUS DEFICIENT CLAIMS

Upon the Three Hundred Twelfth Omnibus Objection (Non-Substantive) of the 

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

Commonwealth of Puerto Rico to Miscellaneous Deficient Claims (Docket Entry No. 16641) (the 

“Three Hundred Twelfth Omnibus Objection”), filed by the Commonwealth of Puerto Rico (the 

“Commonwealth”) and the Employees Retirement System of the Government of the 

 

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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221004 ORD RE 312TH OMNI OBJ VERSION OCTOBER 4, 2022 2

Commonwealth of Puerto Rico (“ERS,” and together with the Commonwealth, the “Debtors”),

dated April 30, 2021, for entry of an order disallowing in their entirety certain claims filed against 

the Debtors, as more fully set forth in the Three Hundred Twelfth Omnibus Objection and 

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

Twelfth 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 Twelfth 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 Twelfth Omnibus Objection (NonSubstantive) of the Commonwealth of Puerto Rico and the Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico to Miscellaneous Deficient Claims, dated May 

24, 2022 (Docket Entry No. 20958, the “Notice”), for entry of an order disallowing the Claims to 

Be Heard (as defined below) and the Claims to Be Disallowed via Notice of Presentment2

, as more 

fully set forth in the Notice; and upon the record of the hearing held on the Three Hundred Twelfth 

Omnibus Objection on January 19-20, 2022, and the rulings made therein, sustaining the Three 

Hundred Twelfth Omnibus Objection as to Proofs of Claim Nos. 179122, 179126, 179128, and 

179144 (the “Claims to Be Heard”) on the grounds that they fail to set forth a legal basis upon 

which a Title III debtor could be liable for the amounts claimed; and the Court having determined 

that the relief sought in the Three Hundred Twelfth 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 Twelfth Omnibus Objection establish just 

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

in the Notice. 

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221004 ORD RE 312TH OMNI OBJ VERSION OCTOBER 4, 2022 3

cause for the relief granted herein; and after due deliberation and sufficient cause appearing 

therefor, it is hereby:

ORDERED that the Three Hundred Twelfth Omnibus Objection is GRANTED as 

set forth herein; and it is further

ORDERED that the Claims to be Heard and the Claims to Be Disallowed via Notice 

of Presentment (collectively, the “Claims to Be Disallowed”) are hereby disallowed in their 

entirety as set forth below; and it is further

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

directed to designate the Claims to Be Disallowed as expunged on the official claims registry in 

the Title III Cases; and it is further

ORDERED that this Order resolves Docket Entry No. 16641 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: October 4, 2022

 /s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

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