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, ERS, and HTA.

NOTICE OF CORRESPONDENCE REGARDING 

THE FOUR HUNDRED FIFTY-THIRD OMNIBUS OBJECTION 

(NON-SUBSTANTIVE) OF THE COMMONWEALTH OF PUERTO RICO, THE 

EMPLOYEES RETIREMENT SYSTEM OF THE GOVERNMENT OF THE 

COMMONWEALTH OF PUERTO RICO, AND THE PUERTO RICO HIGHWAYS 

AND TRANSPORTATION AUTHORITY TO CLAIMS ASSERTING LIABILITIES 

OWED BY ENTITIES THAT ARE NOT TITLE III DEBTORS 

To the Honorable United States District Judge Laura Taylor Swain: 

1. On May 13, 2022, 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 Highways and Transportation Authority (“HTA,” and together with the 

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-BK3283-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). 

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

Management Board for Puerto Rico (the “Oversight Board”), as the sole Title III representative of 

the Debtors pursuant to Section 315(b) of the Puerto Rico Oversight, Management, and Economic 

Stability Act (“PROMESA”), 2 filed the Four Hundred Fifty-Third Omnibus Objection (NonSubstantive) of the Commonwealth of Puerto Rico, the Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico, and the Puerto Rico Highways and 

Transportation Authority to Claims Asserting Liabilities Owed by Entities That Are Not Title III 

Debtors [Case No. 17-BK-3283-LTS, ECF No. 20784]3 (the “Four Hundred Fifty-Third Omnibus 

Objection”) to various proofs of claim. 

2. The Four Hundred Fifty-Third Omnibus Objection seeks to disallow claims that 

seek recovery for asserted liabilities owed by entities that are not Title III debtors, each as set forth 

on Exhibit A thereto. In particular, the Four Hundred Fifty-Third Omnibus Objection sought to 

disallow, among other claims, Proof of Claim No. 31895 (the “Ortiz Romero Claim”) because it 

asserts liabilities against the Government Development Bank for Puerto Rico (the “GDB”), not the 

Commonwealth, ERS, HTA, or any of the other Debtors. See Four Hundred Fifty-Third Omnibus 

Objection, Ex. A [ECF No. 20784-1] at 16. 

3. On June 15, 2022, the Objecting Debtors received the attached correspondence 

from Pedro Ortiz Romero (“Ortiz Romero”), a copy of which is attached hereto as Exhibit A (the 

“Ortiz Romero Response”), regarding the Ortiz Romero Claim. 

4. The Ortiz Romero Response does not assert liabilities against any of the Debtors. 

Rather, therein, Ortiz Romero concedes that the Ortiz Romero Claim relates to “the debt owed to 

2

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

3

 Unless otherwise stated herein, ECF citations refer to documents filed in Bankruptcy 

Case No. 17-BK-3283-LTS.

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me by the GDB.” Ortiz Romero Response at 5. The Ortiz Romero Response contends that Ortiz 

Romero was subject to age-related discrimination at the GDB, and was fired on a discriminatory 

basis. It also attaches documentation regarding Ortiz Romero’s employment at GDB and various 

suits filed by Ortiz Romero against the GDB asserting his age discrimination claims. See id. at 7-

8 (discussing employment at and suits against GDB); id. at 9-10 (discussing GDB background and 

related qualifying modification). None of this documentation, however, demonstrates that the 

Commonwealth or any other Title III Debtor is liable to Ortiz Romero for the age-related 

discrimination claims he asserts against the GDB. 

5. The Ortiz Romero Response contends that, because GDB restructured its 

indebtedness pursuant to Title VI of PROMESA, GDB is “part of [PROMESA],” and therefore, 

the Commonwealth is liable to him for his employment discrimination claims. Id. at 5–6. 

Whether the GDB was reorganized pursuant to Title VI is irrelevant, however, because it does not 

demonstrate that the Commonwealth or any other Title III debtor is liable for or has guaranteed 

payment for the liabilities Ortiz Romero asserts. 

6. Ortiz Romero further contends that the Ortiz Romero Claim should not be 

disallowed because, pursuant to the Fourteenth Amendment’s due process clause, “Claimant has 

the right to have his claim addressed[, w]hich is a valid debt before the Law.” Ortiz Romero 

Response at 13. Disallowance of an invalid claim pursuant to PROMESA and the Court’s 

procedures is not a deprivation of due process, however. 

7. Accordingly, the Debtors respectfully request the Court grant the Four Hundred 

Fifty-Third Omnibus Objection and disallow the Ortiz Romero Claim, notwithstanding the Ortiz 

Romero Response. 

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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 Financial Oversight and 

Management Board as representative for the 

Commonwealth of Puerto Rico, the 

Employees Retirement System of the 

Commonwealth of Puerto Rico, and the 

Puerto Rico Highways and Transportation 

Authority

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