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) 

This filing relates to the 

Commonwealth and ERS. 

REPLY OF THE COMMONWEALTH OF PUERTO RICO AND THE EMPLOYEES 

RETIREMENT SYSTEM OF THE GOVERNMENT OF PUERTO RICO TO 

RESPONSES [ECF NOS. 21054, 21010] TO THE FOUR HUNDRED THIRTY-SEVENTH 

OMNIBUS OBJECTION (NON-SUBSTANTIVE) TO DUPLICATE CLAIMS 

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

The Commonwealth of Puerto Rico (the “Commonwealth”) and the Employees Retirement 

System of the Government of the Commonwealth of Puerto Rico (“ERS,” and together with the 

Commonwealth, the “Debtors”), by and through the Financial Oversight and Management Board 

for Puerto Rico (the “Oversight Board”), as the representative of the Debtors pursuant to Section 

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 (the “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”, and together with the Commonwealth, COFINA, HTA, ERS, 

and PREPA, the “Debtors”) (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). 

Case:17-03283-LTS Doc#:23966 Filed:04/11/23 Entered:04/11/23 16:57:09 Desc: Main

Document Page 1 of 5
2

315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”),2

file this reply (the “Reply”) in support of the Four Hundred Thirty-Seventh 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 Duplicate Claims [ECF No. 20495] (the 

“Four Hundred Thirty Seventh Omnibus Objection”), and in support of the Reply, respectfully 

state as follows: 

1. On April 1, 2022, the Debtors filed the Four Hundred Thirty-Seventh Omnibus 

Objection seeking to disallow proofs of claim that are duplicative of other proofs of claim filed 

against the Debtors (collectively, the “Duplicate Claims”), each as listed on Exhibit A thereto.3 

2. Any party who disputed the Four Hundred Thirty-Seventh Omnibus Objection was 

required to file a response by 4:00 p.m. (Atlantic Standard Time) on May 2, 2022, in accordance 

with the Court-approved notices attached to the Four Hundred Thirty-Seventh Omnibus Objection 

as Exhibit C, which were served in English and Spanish on the individual creditors subject to the 

Four Hundred Thirty-Seventh Omnibus Objection, the U.S. Trustee, and the Master Service List 

(as defined in the Sixteenth Amended Notice, Case Management and Administrative Procedures

[ECF No. 20190-1]). See Certificate of Service [ECF No. 20558]. 

3. The following responses addressing the Four Hundred Thirty-Seventh Omnibus 

Objection were interposed: 

 Reply to Omnibus Objection [ECF No. 21054] (the “Colon Vega Response”) filed 

by Irma Colon Vega (“Colon Vega”); and 

2

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

3

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

the Four Hundred Thirty-Seventh Omnibus Objection. 

Case:17-03283-LTS Doc#:23966 Filed:04/11/23 Entered:04/11/23 16:57:09 Desc: Main

Document Page 2 of 5
3

 Reply to Omnibus Objection [ECF No. 21010] (the “Vega Zayas Response,” and 

together with the Colon Vega Response, the “Responses”), filed by Alberto Vega 

Zayas (“Vega Zayas,” and together with Colon Vega, the “Claimants”). 

I. The Colon Vega Response 

1. On May 24, 2022, Colon Vega filed the Colon Vega Response. Therein, Colon 

Vega does not dispute that Colon Vega’s proof of claim filed against the Commonwealth on 

August 7, 2018, and logged by Prime Clerk as Proof of Claim No. 140270 (the “Colon Vega 

Claim”), is duplicative of a second proof of claim filed by Colon Vega against the Commonwealth 

on August 7, 2018 and logged by Prime Clerk as Proof of Claim No. 143397 (the “Remaining 

Colon Vega Claim”). Rather, the Colon Vega Response reasserts liability associated with 

allegedly accrued, but unpaid, wages purportedly owed by the Puerto Rico Telephone Company. 

Colon Vega Response at 2. 

2. Colon Vega will not be prejudiced by the disallowance of the Colon Vega Claim, 

because the Remaining Colon Vega Claim will preserve Colon Vega’s right to the liabilities 

asserted in the Colon Vega Claim. Because Colon Vega does not dispute that the Colon Vega 

Claim is duplicative of the Colon Vega Remaining Claim, the Commonwealth respectfully 

requests that the Court grant the Four Hundred Thirty-Seventh Omnibus Objection and disallow 

the Colon Vega Claim in its entirety. 

II. The Vega Zayas Response 

3. On May 24, 2022, Vega Zayas filed the Vega Zayas Response. Therein, Vega 

Zayas does not dispute that his proofs of claim filed against the Commonwealth on August 7, 2018, 

and logged by Prime Clerk as Proofs of Claim Nos. 135965, 136952, 140056, and 140676 (the 

“Vega Zayas Claims”), are duplicative of a second proof of claim filed by Vega Zayas against the 

Commonwealth on August 7, 2018 and logged by Prime Clerk as Proof of Claim No. 139137 (the 

“Remaining Vega Zayas Claim”). Instead, the Vega Zayas Response notes Vega Zayas’s service 

Case:17-03283-LTS Doc#:23966 Filed:04/11/23 Entered:04/11/23 16:57:09 Desc: Main

Document Page 3 of 5
4

as a teacher, and requests money in connection with Vega Zayas’s pension. Vega Zayas Response 

at 2. 

4. Vega Zayas will not be prejudiced by the disallowance of the Vega Zayas Claims 

because the Remaining Vega Zayas Claim will preserve Vega Zayas’s right to the liabilities 

asserted in the Vega Zayas Claims. Because Vega Zayas does not dispute that the Vega Zayas 

Claims are duplicative of the Vega Zayas Remaining Claim, the Commonwealth respectfully 

requests that the Court grant the Four Hundred Thirty-Seventh Omnibus Objection and disallow 

the Vega Zayas Claims in their entirety. 

[Remainder of Page Intentionally Left Blank] 

 

Case:17-03283-LTS Doc#:23966 Filed:04/11/23 Entered:04/11/23 16:57:09 Desc: Main

Document Page 4 of 5
5

Dated: April 11, 2023 Respectfully submitted, 

 San Juan, Puerto Rico 

/s/ Hermann D. Bauer

Hermann D. Bauer 

USDC No. 215205 

Carla García-Benítez 

USDC No. 203708 

Gabriel A. Miranda 

USDC No. 306704 

O’NEILL & BORGES LLC 

250 Muñoz Rivera Ave., Suite 800 

San Juan, PR 00918-1813 

Tel: (787) 764-8181 

Fax: (787) 753-8944 

/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 Debtors

Case:17-03283-LTS Doc#:23966 Filed:04/11/23 Entered:04/11/23 16:57:09 Desc: Main

Document Page 5 of 5