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)

NOTICE OF CORRESPONDENCE REGARDING THE 

THREE HUNDRED EIGHTY-FIRST OMNIBUS OBJECTION (SUBSTANTIVE) 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 TO PROOFS OF 

CLAIM NOS. 173011 AND 174125 

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

1. On August 20, 2021, 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 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 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).

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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 representative of the 

Commonwealth pursuant to section 315(b) of the Puerto Rico Oversight, Management, and 

Economic Stability Act (“PROMESA”),2 filed the Three Hundred Eighty-First Omnibus Objection 

(Substantive) 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 

to Employee Claims Asserting Liabilities Owed By Entities That Are Not Title III Debtors [ECF 

No. 17917] (the “Three Hundred Eighty-First Omnibus Objection”) to various proofs of claim. 

2. The Three Hundred Eighty-First Omnibus Objection seeks to disallow claims 

associated with allegedly unpaid wages or other employment benefits purportedly owed by entities 

that are not Title III debtors, each as listed on Exhibit A thereto (the “Claims to Be Disallowed”). 

Each of the Claims to Be Disallowed fail to comply with the applicable rules, however, because 

they do not provide a basis for asserting a claim against the Commonwealth or any other Title III 

Debtor for liabilities purportedly owed by entities that are not Title III Debtors. 

3. Any party who disputed the Three Hundred Eighty-First Omnibus Objection was 

required to file a response by 4:00 p.m. (Atlantic Standard Time) on September 20, 2021, in 

accordance with the Court-approved notices attached to the Three Hundred Eighty-First Omnibus 

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

subject to the Three Hundred Eighty-First Omnibus Objection, the U.S. Trustee, and the Master 

Service List (as defined in the Fifteenth Amended Case Management Procedures [ECF No. 17127-

1]). See Certificate of Service [ECF No. 17989].

4. The Debtors have received correspondence from:

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

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i. Luciano Silva Rivera (“Silva Rivera”), a copy of which is attached hereto as Exhibit 

“A” (the “Silva Rivera Response”), regarding Proof of Claim No. 173011 (the 

“Silva Rivera Claim”); 

ii. José Orlando Ortiz Ortiz (“Ortiz Ortiz,” and together with Silva Rivera, the 

“Claimants”), a copy of which is attached hereto as Exhibit “B” (the “Ortiz Ortiz 

Response,” and together with the Silva Rivera Response, the “Responses”), 

regarding Proof of Claim No. 174125 (the “Ortiz Ortiz Claim,” and together with 

the Silva Rivera Claim, the “Claims”).

Certified translations of the Silva Rivera Response and the Ortiz Ortiz Response are attached 

hereto as Exhibits “A-1” and “B-1,” respectively. 

I. The Silva Rivera Response

5. Silva Rivera filed the Silva Rivera Claim against the Commonwealth on January 

13, 2020. It purports to assert liabilities associated with allegedly accrued, but unpaid, wages 

purportedly owed by the Puerto Rico Sugar Corporation (the “Sugar Corporation”). 

6. The Silva Rivera Response, which was received on September 22, 2021, does not 

address the Debtors’ contention that they are not liable for liabilities purportedly owed by former 

government entities, such as the Puerto Rico Sugar Corporation. Rather, the Silva Rivera

Response consists of a copy of numerous pages from the Three Hundred Eighty-First Omnibus 

Objection, with Silva Rivera’s signature on 10 different pages. 

7. Accordingly, because Silva Rivera does not dispute that the Debtors are not liable 

for allegedly unpaid wages purportedly by the Puerto Rico Sugar Corporation, and because neither 

the Silva Rivera Response nor the Silva Rivera Claim provides a basis for asserting a claim against 

the Commonwealth, ERS, PBA, or any other Title III Debtor in respect of allegedly accrued but 

unpaid wages purportedly owed by the Puerto Rico Sugar Corporation, the Silva Rivera Claim 

should be disallowed. 

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II. The Ortiz Ortiz Response 

8. Ortiz Ortiz filed a proof of claim against ERS on July 7, 2020. The Ortiz Ortiz

Claim purports to assert liabilities in an unspecified amount arising from allegedly accrued, but 

unpaid, wages purportedly owed by the Puerto Rico Sugar Corporation. 

9. The Ortiz Ortiz Response, which was received by Prime Clerk on September 15, 

2021, does not address the Debtors’ contention that they are not liable for liabilities purportedly 

owed by former government entities, such as the Puerto Rico Sugar Corporation. Rather, it 

includes a copy of certain pages from the Three Hundred Eighty-First Omnibus Objection, a 

photocopy of Ortiz Ortiz’s driver’s license and social security card, a social security statement

with Ortiz Ortiz’s earnings record, on which Ortiz Ortiz indicated the years he asserts he was 

employed by the Puerto Rico Sugar Corporation, and a copy of the Ortiz Ortiz Claim. 

10. Accordingly, because Ortiz Ortiz does not dispute that the Debtors are not liable 

for allegedly unpaid wages purportedly owed by the Puerto Rico Sugar Corporation, and because 

neither the Ortiz Ortiz Response nor the Ortiz Ortiz Claim provides a basis for asserting a claim 

against the Commonwealth, ERS, PBA, or any other Title III Debtor in respect of allegedly accrued 

but unpaid wages purportedly owed by the Puerto Rico Sugar Corporation, the Ortiz Ortiz Claim 

should be disallowed.

11. For the foregoing reasons, the Debtors respectfully request the Court sustain the 

Three Hundred Eighty-First Omnibus Objection and disallow the Claims.

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Dated: February 2, 2022 

San Juan, Puerto Rico

Respectfully submitted,

/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 

for Puerto Rico, as representative for 

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 

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