221020 ORD RE MOT TO EXT ADMIN BAR DATE 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 

Re: ECF No. 21217

(Jointly Administered) 

ORDER EXTENDING ADMINISTRATIVE CLAIM BAR DATE 

FOR CERTAIN PARTIES AND MODIFYING DISCHARGE INJUNCTION

Upon the Urgent Motion for Extension of Administrative Expense Claim Bar Date 

and Proper Service of Process and Request to Be Heard (Docket Entry No. 21217 in Case 

No. 17-3283) (the “Motion”); and the Court having reviewed the Response of the Financial 

Oversight and Management Board to Urgent Motion for Extension of Administrative Expense 

Claim Bar Date and Proper Service of Process and Request to Be Heard (Docket Entry 

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 (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 Building Authority (“PBA”) (Bankruptcy Case No. 19-BK-5523-

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

limitations).

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221020 ORD RE MOT TO EXT ADMIN BAR DATE VERSION OCTOBER 20, 2022 2

No. 22130 in Case No. 17-3283) (the “Response”);2 and the Court having found it has subject 

matter jurisdiction of this matter pursuant to PROMESA section 306; and it appearing that venue 

in this district is proper pursuant to PROMESA section 307; and the Court having found that the 

Movant provided adequate and appropriate notice of the Motion under the circumstances and 

that no other or further notice is required; and the Court having determined that the legal and 

factual bases set forth in the Motion and the Response establish just cause for the relief granted 

herein; and after due deliberation, the Court having found that good and sufficient cause exists 

for the granting of the relief as set forth herein,

IT IS HEREBY ORDERED THAT:

1. The Motion is GRANTED to the extent set forth herein, and DENIED in all other 

respects.3

2 Capitalized terms not otherwise defined herein shall have the meanings given to them in 

the Response.

3 The Court has reviewed the Motion and the Reply to Response of the Financial Oversight 

and Management Board to Urgent Motion for Extension of Administrative Expense 

Claim Bar Date and Proper Service of Process Request to Be Heard (Docket Entry No. 

22412 in Case No. 17-3283) (the “Reply”), filed by Ivelisse Calderón-Alibrán and Carlos 

Torres Viada (collectively, “Movants”). To the extent that Movants request relief beyond 

that which is provided in this Order, such request is denied because Movants lack 

standing.

Section 1109(b) of the Bankruptcy Code, made applicable to the above-captioned 

Title III cases by 48 U.S.C. § 2161(a), provides that “[a] party in interest, including the 

debtor, the trustee, a creditors’ committee, an equity security holders’ committee, a 

creditor, an equity security holder, or any indenture trustee, may raise and may appear 

and be heard on any issue in a case under this chapter.” 11 U.S.C.A. § 1109(b) (West 

2016). However, a “party claiming to be a ‘party in interest’ must still satisfy the general 

requirements of the standing doctrine.” Sentinel Tr. Co. v. Newcare Health Corp. (In re 

Newcare Health Corp.), 244 B.R. 167, 171 (B.A.P. 1st Cir. 2000) (quoting S. Blvd., Inc. 

v. Martin Paint Stores, 207 B.R. 57, 61 (S.D.N.Y. 1997)); cf. Assured Guaranty Corp. v. 

Fin. Oversight & Mgmt. Bd. for P.R. (In re Fin. Oversight & Mgmt. Bd. for P.R.), 872 

F.3d 57, 64 n.7 (1st Cir. 2017) (noting applicability of “zone of interests” prudential 

standing doctrine in addition to Article III and “party in interest” standing). As such, 

parties must satisfy the requirements of prudential standing, including the requirement 

that a party’s claim is “premised on his own legal rights (as opposed to those of a third 

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221020 ORD RE MOT TO EXT ADMIN BAR DATE VERSION OCTOBER 20, 2022 3

2. The Administrative Claim Bar Date pursuant to decretal paragraph 44 of the 

Confirmation Order and section 1.51 of the Plan shall be extended to 4:00 p.m. (Atlantic 

Standard Time) on January 18, 2023 (the “Extended Administrative Claim Bar Date”), solely 

with respect to any claim or cause of action:

(A)(1) asserted in a litigation or action against the Commonwealth, 

PBA, or ERS commenced from and after the respective petition 

date and prior to the Effective Date and relating to an action or 

event occurring from and after the respective petition date and 

prior to the Effective Date, or (2) not subject to a pending litigation 

or action, but arising from actions or events occurring from or after 

the respective petition date and prior to the Effective Date, and 

(B) the holder of such claim did not receive service of the Effective 

Date Notice as documented in a Certificate of Service referred to 

in paragraph 3 below.

party).” Katz v. Pershing, LLC, 672 F.3d 64, 72 (1st Cir. 2012) (quoting Pagán v. 

Calderón, 448 F.3d 16, 27 (1st Cir. 2006)). 

Here, Movants are creditors who are pursuing litigation against the Commonwealth. 

(Mot. ¶¶ 1-2.) They are therefore “parties in interest” within the meaning of section 

1109(b). However, the relief sought by Movants—including additional notice to 

claimants and potential claimants and an expansion of the types of claims that the 

Oversight Board proposes removing from the scope of the Administrative Claim Bar 

Date—does not concern Movants’ rights, because Movants received actual notice of the 

Administrative Claim Bar Date prior to that date. (See, e.g., Mot. at Ex. 4 ¶ 14 (notice 

dated April 29, 2022, filed by the Commonwealth in litigation captioned CalderónAlibrán v. Puerto Rico, stating that “Plaintiff’s only recourse is the filing of an 

Administrative Expense Claim before the Title III Court, per the Confirmation Order and 

the Notice, attached hereto”).) Moreover, it appears that Movants were actually aware of 

the import of the Administrative Claim Bar Date as it concerns their rights. (See id.; see

also Reply ¶ 12 (stating that “upon the threat of the Administrative Claim Bar Date[,] 

Movants came to the undersigned counsel for advice and managed to file the [Motion]

just before the Administrative Claim Bar Date expired”).) To the extent that they believe 

that additional notice or explanation of the Administrative Claim Bar Date would be 

beneficial to other creditors, Movants lack standing to assert those creditors’ interests. 

To the extent that Movants or other creditors require relief from the Administrative Claim 

Bar Date, they may make such a request on their own behalf, and the Court will resolve 

any such dispute on an appropriate record.

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3. Within three (3) business days of entry of this Order, the Debtors shall make 

available the Certificates of Service on its case website maintained by Kroll Restructuring 

Administration LLC (formerly, Prime Clerk LLC).

4. The Extended Administrative Claim Bar Date shall not apply to any

Administrative Expense Claim (i) asserted on account of professional services provided to the 

Debtors in connection with the Title III Cases, or (ii) arising solely in connection with the 

Title III Cases.

5. The requirement to file a proof of Administrative Expense Claim pursuant to 

decretal paragraph 44 of the Confirmation Order shall not apply to any of the following claims or 

causes of action arising from and after the applicable petition date with respect to the 

Commonwealth, ERS, and PBA and prior to the Effective Date: (i) Eminent Domain/Inverse 

Condemnation Claims, (ii) claims for property seized by the Debtors pursuant to the Uniform 

Forfeiture Act of 2021, 34 L.P.R.A. 1724 et seq., (iii) claims for attorneys’ fees and costs 

pursuant to the Individuals with Disabilities Education Improvement Act, 20 U.S.C. 1400 et seq., 

(iv) tax refund claims, and (v) claims authorized to be asserted pursuant to 32 L.P.R.A. 

§ 3077(a), to the extent the amount of such claim asserted is within such statutory limitation of 

$75,000 or $150,000, as applicable.

6. The injunctions contained in section 92.3 of the Plan and decretal paragraph 59 of 

the Confirmation Order are modified solely to the limited extent of allowing litigation with 

respect to claims authorized to be asserted pursuant to 32 L.P.R.A. § 3077(a), to the extent the 

amount of such claim asserted is within such statutory limitation of $75,000 or $150,000, as 

applicable, to proceed to final judgment and execution, including any appeals.

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221020 ORD RE MOT TO EXT ADMIN BAR DATE VERSION OCTOBER 20, 2022 5

7. In accordance with Bankruptcy Rule 2002, the Debtors, through Kroll, are 

authorized and directed to cause a copy of a notice, substantially in the form attached as 

Exhibit B to the Response, to be published once, no later than fourteen (14) days after entry of 

this Order, in each of (i) El Nuevo Dia (in Spanish), (ii) Caribbean Business (in English), (iii) El 

Nuevo Herald (in Spanish), (iv) The New York Times (in English), (v) The Bond Buyer (in 

English), (vi) El Vocero (in Spanish), and (vii) Primera Hora (in Spanish).

8. Notwithstanding any applicability of any Bankruptcy Rule, the terms and 

conditions of this Order shall be immediately effective and enforceable upon its entry.

9. The Debtors and the Oversight Board, as the Debtors’ representative, have

consented to the relief in this Order, and are authorized to take all actions, and to execute all

documents, necessary or appropriate, to effectuate the relief granted in this Order.

10. The Court retains exclusive jurisdiction to hear and determine any and all disputes

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

11. This Order resolves Docket Entry No. 21217 in Case No. 17-3283.

SO ORDERED.

Dated: October 20, 2022

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

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