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 WITHDRAWAL OF THE FOUR HUNDRED EIGHTY-SEVENTH 

OMNIBUS OBJECTION OF THE COMMONWEALTH OF PUERTO RICO TO 

CROSS-DEBTOR DUPLICATE CLAIMS 

To The Honorable United States District Judge Laura Taylor Swain: 

1. On August 5, 2022, the Commonwealth of Puerto Rico (the “Commonwealth”), by 

and through the Financial Oversight and Management Board for Puerto Rico (the “Oversight 

Board”), as sole Title III representative of the Commonwealth pursuant to section 315(b) of the 

Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”),2 filed, inter 

alia, the Four Hundred Eighty-Seventh Omnibus Objection (Non-Substantive) of 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 (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”) (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

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

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Commonwealth of Puerto Rico to Cross-Debtor Duplicate Claims [ECF No. 21737] (the “Four 

Hundred Eighty-Seventh Omnibus Objection”).

2. On January 25, 2023, the Commonwealth filed the Notice of Presentment of 

Proposed Order Granting the Four Hundred Eighty-Seventh Omnibus Objection (NonSubstantive) of the Commonwealth of Puerto Rico to Cross-Debtor Duplicate Claims (ECF No. 

21737) [ECF No. 23331] (the “Notice of Presentment”).

3. On February 16, 2023, the Court entered the Order Concerning Supplementation 

of the Four Hundred Eighty-Seventh Omnibus Objection (Non-Substantive) of the Commonwealth 

of Puerto Rico to Cross-Debtor Duplicate Claims [ECF No. 23549] (the “Order”). Therein, the 

Court observed that the Four Hundred Eighty-Seventh Omnibus Objection and the Notice of 

Presentment sought entry of an order “disallowing certain proofs of claim asserted against the 

Commonwealth on the basis that ‘the asserted liability, if any, for the Claims to Be Disallowed is 

properly asserted against ERS . . .,’ [but] the Oversight Board has previously taken the position 

that Act 106-2017 (“Act 106”) transferred certain of ERS’s employment-related liabilities to the 

Commonwealth, and that the Commonwealth, rather than ERS, was the relevant Debtor.” Order 

at 1-2. The Order therefore directed the Debtors “to file a supplemental memorandum by March 

8, 2023 at 5:00pm (Atlantic Standard Time) addressing the basis for disallowance of the Claims 

to Be Disallowed in favor of the Remaining Claims against ERS.” Id. at 2 (emphasis original). 

4. In light of the Court’s Order, the Commonwealth hereby respectfully withdraws, 

without prejudice, the Four Hundred Eighty-Seventh Omnibus Objection in its entirety. 

5. The Debtors reserve all rights with respect to the claims subject to the Four Hundred 

Eighty-Seventh Omnibus Objection (collectively, the “Withdrawn Claims”), including to object 

to the Withdrawn Claims on any grounds whatsoever.

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Dated: March 8, 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-Rivera 

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 

Attorneys for the Financial Oversight and 

Management Board for Puerto Rico, as 

representative for the Commonwealth of 

Puerto Rico and the Employees Retirement 

System of the Government of the 

Commonwealth of Puerto Rico, the Puerto 

Rico Public Buildings Authority, and the 

Puerto Rico Electric Power Authority 

/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 

Co-Attorneys for the Financial Oversight 

and Management Board for Puerto Rico, as 

representative for the Commonwealth of 

Puerto Rico and the Employees Retirement 

System of the Government of the 

Commonwealth of Puerto Rico, the Puerto 

Rico Public Buildings Authority, and the 

Puerto Rico Electric Power Authority 

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