UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

MOTION SUBMITTING CREDITOR’S OPPOSITION TO DEBTOR’S OBJECTION

“FIVE HUNDRED FOURTEENTH” (Substantive)

To the Honorable United States District Court Judge Laura Taylor Swain: 

Now Come, ICPR Junior College (Claim 5130), hereinafter referred to as “ICPR”, who 

claims rent due by the Commonwealth of Puerto Rico, herein represented by its undersigned 

attorney and states, and prays as follows:

1. ICPR filed Claim #5130, which included Invoice #200-820, for $22,549.45 and 

Invoice #200-882, for $23,672.68. As of this date debtor withdrew its objection to the claim under 

Invoice #200-820, leaving as the only claim in dispute the claim under Invoice No. 200-882.

2. Debtor’s objection to this claim is based on the contention that the invoice totaling 

$23,672.68 was associated with amounts that were outside of the approved contract, where no 

contract was in place or where the invoices were never received and therefore are not due and 

owed by the Commonwealth agency.

3. ICPR asserts that this controversy can be easily resolved just by considering a few 

basic documents that establish its right to collect the amounts claimed.

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO 

RICO,

As representative of

THE COMMONWEALTH OF PUERTO RICO

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4. To understand this claim one must first consider the five years lease contract 

Number Contralor 2014-000011, dated November 22nd, 2013, which provided for a lease from 

December 1, 2013, to November 30, 2018. This contract is part of the documents submitted by 

ICPR with its Proof of Claim and is also included as part of this motion as Exhibit 1. At its 

Paragraph XV, the contract states that: “RESOLUTION: Both parties may terminate this contract 

by a written notification to the other party with one hundred and twenty days (120) advance notice. 

(Our translation) 

5. Based on Paragraph XV of the contract, on June 3, 2014, tenant Oficina de Gerencia 

de Permisos (OGPE), notified ICPR its intention to cancel the lease contract effective October 1, 

2014. On the fourth paragraph of that letter, OGPE stated: “we inform you officially, that we will 

keep the rented premises until October 1, date when the 120 days are met.” (Our translation) The 

letter, part of the documents submitted by ICPR with its Proof of Claim, is made a part of this 

motion as its Exhibit 2) 

6. By that letter, OGPE specifically recognized and requested the occupation of the 

leased premises until October 1, 2014, thus recognizing and accepting occupancy of the premises 

during the month of October 2014, precisely the same month that they now refuse to pay. The fact 

is that OGPE continued occupying the property and completed the vacancy and movement of their 

equipment by November 2014, as stated by Mr. Ramón A. Negrón, in the sworn statement included 

in this motion as Exhibit 4. 

7. Invoice 200-882, of November 6th, 2014, (Exhibit 3) in the amount of $23,672.68 

is for the rent due for the month of October 2014, notified to OGPE according to the contractual 

terms.

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8. Based on the facts, it is clear that OGPE’s occupancy of the leased premises up to 

the month of November 2014, is clearly within the scope of the lease agreement signed by the 

parties, since said agreement provided for the early termination, the only condition being that it 

had to be notified 120 days in advance. In this case OGPE terminated the agreement effective 

October 2014, for which reason they are liable for the rent due for that month.

WHEREFORE, in view of the above, it is respectfully requested that this Honorable Court 

summarily dismiss the remaining objection to claim No. 5130.

RESPECTFULLY SUBMITTED, in San Juan, Puerto Rico, on December 16, 2022.

I HEREBY CERTIFY that on this same date I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF System which will send notification of such filing to the 

participants appearing in said record. 

RESPECTFULLY SUBMITTED, in San Juan, Puerto Rico, on December 20, 2022. 

s/ JAIME BRUGUERAS

USDC 120809

MUÑOZ BENITEZ BRUGUERAS & CRUZ

P.O. Box 191979

San Juan, Puerto Rico 00919-1979

Tel. (787) 751-9040

Fax (787) 751-0910

jbrugue@mbbclawyers.com

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