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 No. 21596

(Jointly Administered) 

URGENT CONSENSUAL MOTION FOR EXTENSION OF DEADLINES 

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

The Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), 

as sole Title III representative of the Commonwealth of Puerto Rico (the “Commonwealth”), the 

Employees Retirement System of the Government of the Commonwealth of Puerto Rico (“ERS”), 

and the Puerto Rico Public Buildings Authority (“PBA” and, collectively with the Commonwealth 

and ERS, the “Debtors”), pursuant to section 315(b) of the Puerto Rico Oversight, Management, 

and Economic Stability Act (“PROMESA”),2 respectfully submits this urgent consensual motion 

for entry of an order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), 

 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).

2 PROMESA is codified at 48 U.S.C. §§ 2101-2241.

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extending the deadlines in the Order Granting the Urgent Consensual Motion for Extension of 

Deadlines [Case No. 17-03283, ECF No. 21596] (the “Order”) and states as follows:

Request for Relief

1. On January 18, 2022, the Court entered the Order and Judgment Confirming 

Modified Eighth Amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico, 

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

the Puerto Rico Public Buildings Authority [ECF No. 19813] (the “Confirmation Order”), 

confirming the Modified Eighth Amended Title III Joint Plan of Adjustment of the Commonwealth 

of Puerto Rico, et al., [ECF No 19784] (as amended, supplemented, or modified, the “Plan”).3 

2. On March 15, 2022, the Effective Date of the Plan occurred, and the Plan was 

substantially consummated [ECF No. 20349]. Pursuant to Section 1.51 and Article III of the Plan 

and decretal paragraph 44 of the Confirmation Order, the deadline for filing proofs of 

Administrative Expense Claims was June 13, 2022 (the “Administrative Claim Bar Date”). Id. 

3. On June 13, 2022, Ivelisse Calderón-Alibrán and Carlos Torres Viada (collectively, 

“Movants”) filed the Urgent Motion for Extension of Administrative Expense Claim Bar Date and 

Proper Service of Process and Request to be Heard [Case No. 17-BK-03283, ECF No. 21217] 

(the “Motion”), requesting, among other things, the entry of an order extending the Administrative 

Claim Bar Date. 

4. Pursuant to the Order, the deadline for (i) responsive papers to the Motion is August 

8, 2022 at 5:00 p.m. (Atlantic Standard Time) (the “Response Deadline”) and (ii) reply papers is 

August 15, 2022 at 5:00 p.m. (Atlantic Standard Time) (the “Reply Deadline”). 

 3 Unless otherwise defined herein, capitalized terms shall have the meanings ascribed thereto in the Plan. 

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5. The Oversight Board and AAFAF have been discussing the relief requested in the 

Motion and intend to propose terms for extending the Administrative Expense Bar Date4 for parties 

who did not receive notice of the occurrence of the Effective Date of the Plan, by providing

publication notice thereof, streamlining the process for filing proofs of Administrative Expense 

Claims, if possible, and for certain post-petition actions to be adjudicated in their original forum,

which terms remain subject to finalization and approval by the Court. However, in order to provide 

the necessary relief and appropriate notice and information to applicable courts, the Oversight 

Board requires additional time to finalize such terms in coordination with AAFAF and applicable 

governmental agencies and departments. Accordingly, the Oversight Board, with Movants’

consent, respectfully requests an extension of the (a) Response Deadline from August 8, 2022 to 

September 9, 2022 at 5:00 p.m. (Atlantic Standard Time), and (b) Reply Deadline from August 

15, 2022 to September 23, 2022 at 5:00 p.m. (Atlantic Standard Time).

6. Pursuant to Paragraph 1.H of the Sixteenth Amended Notice, Case Management and 

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

Oversight Board 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; has made reasonable, good-faith communications 

in an effort to resolve or narrow the issues that are being brought to the Court, and Movants consent

to the relief requested herein. 

 4 The requirement to file a proof of Administrative Expense Claim pursuant to Sections 1.51-1.52 and Article III of 

the Plan and decretal paragraph 44 of the Confirmation Order is applicable only to claims arising during the period 

from and including the Commonwealth Petition Date (May 3, 2017), ERS Petition Date (May 21, 2017), or PBA 

Petition (September 27, 2019), as applicable, up to and including the Effective Date (March 15, 2022).

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Notice

7. The Oversight Board 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 the Commonwealth; (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) the Other Interested Parties;5

(i) all parties filing a notice of appearance in these Title III cases; and (j) counsel to Movants. A 

copy of this Urgent Motion is also available at https://cases.ra.kroll.com/puertorico/. 

8. The Oversight Board submits that, in light of the nature of the relief requested, no 

other or further notice need be given. 

[Remainder of Page Intentionally Left Blank]

 5 The “Other Interested Parties” include the following: (i) counsel to certain of the insurers and trustees of the bonds 

issued or guaranteed by the Debtors; and (ii) counsel to certain ad hoc groups of holders of bonds issued or 

guaranteed by the Debtors. 

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WHEREFORE the Oversight Board requests the Court enter the Proposed Order and 

grant such other relief as is just and proper. 

Dated: August 8, 2022

San Juan, Puerto Rico

Respectfully submitted,

/s/ Brian S. Rosen

Martin J. Bienenstock (pro hac vice)

Brian S. Rosen (pro hac vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Co-Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

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Exhibit A

Proposed Order

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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 

(Jointly Administered) 

ORDER GRANTING THE

URGENT CONSENSUAL MOTION FOR EXTENSION OF DEADLINES 

Upon the Urgent Consensual Motion for Extension of Deadlines (ECF No. _____, the 

“Extension Motion”);2 and the Court having found that the relief requested in the Extension 

Motion is in the best interests of the Oversight Board and Movants; and the Court having found 

that the Oversight Board provided adequate and appropriate notice of the Extension Motion under 

the circumstances and that no other or further notice is required; and the Court having reviewed 

the Extension Motion; and the Court having determined that the factual bases set forth in the 

Extension Motion establish just cause for the relief granted herein; and after due deliberation and 

sufficient cause appearing therefor, it is HEREBY ORDERED THAT:

 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).

2 Capitalized terms used but not otherwise defined herein have the meanings given to them in the Extension Motion.

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1. The Extension Motion is granted as set forth herein.

2. Responses to the Motion, if any, must be filed by September 9, 2022, at 5:00 

p.m. (Atlantic Standard Time). 

3. Replies, if any, must be filed by September 23, 2022, at 5:00 p.m. (Atlantic 

Standard Time).

4. This Order resolves Docket Entry No. _____ in Case No. 17-3283. 

SO ORDERED.

Dated: August _____, 2022

 

LAURA TAYLOR SWAIN

United States District Judge

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