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 

Re: ECF Nos. 20763, 22394

(Jointly Administered)

URGENT CONSENSUAL MOTION FOR EXTENSION OF DEADLINES

To the Honorable United States District Judge Laura Taylor Swain:

The Commonwealth of Puerto Rico (the “Commonwealth”) respectfully submits this 

urgent consensual motion (the “Urgent Motion”) for entry of an order, substantially in the form 

attached hereto as Exhibit A (the “Proposed Order”), extending the deadlines set forth in the Order 

Granting Urgent Consensual Motion for Extension of Deadlines [ECF No. 22394] (the 

“Scheduling Order”).2

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-BK3567-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).

2

 The Financial Oversight and Management Board for Puerto Rico, as the Commonwealth’s representative pursuant 

to section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”), has 

authorized the Department of Justice to file this Urgent Motion on behalf of the Commonwealth.

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Request for Relief

1. On May 12, 2022, Ismael Rivera Grau, Lourdes Morales Reyes and the conjugal 

partnership composed between them (collectively, “Movants”) filed a Motion for Relief from

Automatic Stay [ECF No. 20763] (the “Motion”), requesting this Court “issue a modification of 

the automatic stay imposed under Section 362 of the Bankruptcy Code in order to continue the 

pending state court litigation of their case,” in connection with a case filed by Movants in the Trial 

Court of San Juan, under Civil Case no. K DP2016-0913. See Motion at 11. 

2. On September 26, 2022, the Court entered the Scheduling Order, which provides 

that responses to the Motion must be filed by October 11, 2022 at 4:00 p.m. (AST), and Movants’

reply by October 18, 2022 at 4:00 p.m. (AST).

3. The Commonwealth and Movants continue to explore the possibility of a 

consensual resolution to the Motion. Accordingly, the Commonwealth, with Movants’ consent, 

proposes the following extensions of the deadlines set forth in the Scheduling Order: 

• The deadline to respond to the Motion shall be extended to November 10, 2022. 

• The deadline for Movants to file a reply to a response, if any, shall be extended to

November 17, 2022.

• The Court will thereafter take the Motion on submission, unless the Court determines 

that a hearing is necessary.

4. Pursuant to Paragraph I.H of the Sixteenth Amended Notice, Case Management and 

Administrative Procedures [ECF No. 20190-1] (the “Case Management Procedures”), the 

Commonwealth hereby certifies that it has carefully examined the matter and concluded that there 

is a true need for an urgent motion; it has not created the urgency through any lack of due diligence; 

has made a bona fide effort to resolve the matter without a hearing; has made reasonable, goodCase:17-03283-LTS Doc#:22558 Filed:10/07/22 Entered:10/07/22 16:23:35 Desc: Main

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faith communications in an effort to resolve or narrow the issues that are being brought to the 

Court, and Movant consents to the request in this urgent motion.

Notice

5. The Commonwealth has provided notice of this motion in accordance with the Case 

Management Procedures to the following parties: (a) the Office of the United States Trustee for 

the District of Puerto Rico; (b) the indenture trustees and/or agents, as applicable, for the Debtors’ 

bonds; (c) the entities on the list of creditors holding the 20 largest unsecured claims against 

COFINA; (d) counsel to the statutory committees appointed in these Title III cases; (e) the Office 

of the United States Attorney for the District of Puerto Rico; (f) counsel to the Oversight Board; 

(g) the Puerto Rico Department of Justice; (h) all parties filing a notice of appearance in these Title 

III cases; and (i) Movants. A copy of the motion is also available on the Commonwealth’s case 

website at https://cases.primeclerk.com/puertorico/.

6. The Commonwealth submits that, in light of the nature of the relief requested, no 

other or further notice need be given. 

WHEREFORE the Commonwealth requests the Court enter the Proposed Order and grant 

such other relief as is just and proper. 

Dated: October 7, 2022

San Juan, Puerto Rico 

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Respectfully submitted,

DOMINGO EMANUELLI HERNÁNDEZ

Secretary of Justice 

/s/ Susana I. Peñagarícano Brown

SUSANA I. PEÑAGARICANO BROWN

USDC No. 219907 

Deputy Secretary in Litigation 

Department of Justice 

P.O. Box 9020192 

San Juan, Puerto Rico 00902-0192 

Phone: 787-721-2900 Ext. 1404 

spenagaricano@justicia.pr.gov

Attorney for the Commonwealth of Puerto 

Rico

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Exhibit A

Proposed Order

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