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)

Re: ECF No. 21029 and 21445

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

PUERTO RICO ELECTRIC POWER 

AUTHORITY,

Debtor.

PROMESA 

Title III

No. 17 BK 4780-LTS

Re: ECF No. 2822 and 2888

This Court Filing Relates only to 

PREPA and Shall be Filed in the 

lead Case No. 17-BK-3283-LTS 

and PREPA’s Title III Case (Case 

No. 17-BK-4780-LTS).

THIRD URGENT CONSENSUAL MOTION FOR EXTENSION OF 

DEADLINES REGARDING VERIFIED MOTION OF WALTER M. 

HIGGINS FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM

 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 

(“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”) (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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To The Honorable United States District Court Judge Laura Taylor Swain:

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

for itself and as representative of the Puerto Rico Electric Power Authority (“PREPA” or the 

“Debtor”) in this Title III case pursuant to section 315(b) of the Puerto Rico Oversight, 

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

for an order further extending the briefing schedule related to the Verified Motion of Walter M. 

Higgins for Allowance of Administrative Expense Claim [ECF No. 21029 in Case No. 17-3283 

and ECF No. 2822 in Case No. 17-4780] (the “Motion”) and represents as follows:

REQUEST FOR RELIEF

1. On May 26, 2022, Walter M. Higgins (the “Movant”), filed the Motion, seeking 

payment of certain asserted administrative expenses, as described further in the Motion. 

2. On May 26, 2022, the court entered the Order Scheduling Briefing of Verified 

Motion of Walter M. Higgins for Allowance of Administrative Expense Claim [ECF No. 21033 in 

Case No. 17-3283 and ECF No. 2825 in Case No. 17-4780] (the “Scheduling Order”), which 

established an initial deadline of June 9, 2022 at 5:00 p.m. (AST) for the filing of any opposition 

papers (the “Objection Deadline”) and an initial deadline of June 16, 2022 at 5:00 p.m. (AST) for 

the filing of the Movant’s reply papers (the “Reply Deadline”), with the Motion to be taken under 

submission without a hearing. The Objection Deadline and Reply Deadline have been extended 

twice since the entry of the Scheduling Order.

3. Most recently, on July 6, 2022, the Court entered the Order Granting Second 

Urgent Consensual Motion for Extension of Deadlines Regarding Verified Motion of Walter M. 

Higgins for Allowance of Administrative Expense Claim [ECF No. 21445 in Case No. 17-3283 

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

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and ECF No. 2888 in Case No. 17-4780], extending the Objection Deadline to August 11, 2022 at 

5:00 p.m. (AST) and the Reply Deadline to August 18, 2022 at 5:00 p.m. (AST).

4. The Debtor submits this Urgent Motion to request an additional extension of the 

Objection Deadline and Reply Deadline to provide the Debtor with additional time to investigate

certain factual assertions to prepare a fulsome response to the Motion and to continue exploring 

and negotiating a potential consensual resolution of Movant’s claims. Accordingly, with the 

Movant’s consent, the Debtor respectfully requests that the Court enter an order, substantially in 

the form attached hereto as Exhibit A (the “Proposed Order”), extending the Objection Deadline 

and Reply Deadline to August 31, 2022 at 5:00 p.m. (prevailing Atlantic Time), and September 

7, 2022 at 5:00 p.m. (prevailing Atlantic Time), respectively. 

5. The Debtor has discussed this request with counsel for the Movant, who has 

consented to the relief requested herein.

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

Administrative Procedures [ECF No. 20190-1 in Case No. 17-3283] (the “Case Management 

Procedures”), the Debtor 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 no party opposes the relief requested herein.

NOTICE

7. The Debtor 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 PREPA’s 

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bonds; (c) the administrative agent(s) for lenders under that certain Credit Agreement, dated as of 

May 4, 2012, among PREPA, Scotiabank de Puerto Rico, and the lenders party thereto, as 

amended, and that certain Trade Finance Facility Agreement, dated as July 20, 2012; (d) the 

statutory unsecured claimholders’ committee appointed in this Title III Case; (e) the Office of the 

United States Attorney for the District of Puerto Rico; (f) counsel to AAFAF; and (g) the Puerto 

Rico Department of Justice.; (g) the Puerto Rico Department of Justice; (h) the Movant; and (i) all 

parties filing a notice of appearance in this Title III case. A copy of the motion is also available 

on the Debtor’s case website at https://cases.ra.kroll.com/puertorico/. 

8. The Debtor submits that, in light of the nature of the relief requested herein, no 

other or further notice need be given.

WHEREFORE the Debtor requests the Court enter the Proposed Order and grant such 

other relief as is deemed just and proper.

Dated: August 10, 2022

San Juan, Puerto Rico

Respectfully submitted,

/s/ Paul V. Possinger

Martin J. Bienenstock

Paul V. Possinger

Ehud Barak

(Admitted Pro Hac Vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Email: mbienenstock@proskauer.com

 ppossinger@proskauer.com

 ebarak@proskauer.com

Attorneys for the Financial Oversight and 

Management Board as representative for 

PREPA

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/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

Email: hermann.bauer@oneillborges.com

Co-Attorney for the Financial Oversight and 

Management Board as representative for 

PREPA

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CERTIFICATE OF SERVICE

I hereby certify that, on this same date, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF system, which will send notifications of such filing to all CM/ECF 

participants in this case.

/s/ Hermann D. Bauer

Hermann D. Bauer

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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)

Re: ECF Nos. 21029 & _____

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

PUERTO RICO ELECTRIC POWER 

AUTHORITY,

Debtor.

PROMESA 

Title III

No. 17 BK 4780-LTS

Re: ECF Nos. 2822 & ____

[PROPOSED] ORDER GRANTING THIRD URGENT CONSENSUAL MOTION FOR 

EXTENSION OF DEADLINES REGARDING VERIFIED MOTION OF WALTER M. 

HIGGINS FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM

 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 

(“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”) (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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Upon the Third Urgent Consensual Motion for Extension of Deadlines Regarding Verified 

Motion of Walter M. Higgins for Allowance of Administrative Expense Claim (Docket Entry No. 

____ in Case No. 17-3283 and Docket Entry No. ___ in Case No. 17-4780, the “Urgent Motion”);2

and the Court having found it has subject-matter jurisdiction over this matter pursuant to 

PROMESA section 306(a); and it appearing that venue in this district is proper pursuant to 

PROMESA section 307(a); and the Court having found the Debtor provided adequate and 

appropriate notice of the Urgent Motion under the circumstances and no other or further notice is 

required; and upon the record herein, after due deliberation thereon, the Court having found good 

and sufficient cause exists for the granting of the relief as set forth herein:

1. The Urgent Motion is GRANTED as set forth herein. 

2. The Scheduling Order shall be modified as provided herein.

3. The following briefing schedule is set for filing responsive pleadings to the 

Motion:

• The deadline for parties to file an opposition to the Motion shall be August 31,

2022 at 5:00 p.m. (AST).

• The deadline for the Movant to file a reply to all oppositions and responses shall be

September 7, 2022 at 5:00 p.m. (AST).

4. The Court will thereafter take the Motion on submission.

5. The Court shall retain jurisdiction to hear and determine all matters arising from 

the implementation of this Order. 

Dated: ___________, 2022.

SO ORDERED:

_________________________________

 HONORABLE LAURA TAYLOR SWAIN

United States District Judge

 2 Capitalized terms not otherwise defined herein shall have the meanings given to them in the Urgent Motion.

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