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. 

REPLY OF THE COMMONWEALTH OF PUERTO RICO TO RESPONSE FILED BY 

MARÍA V. PERÉZ RODRÍGUEZ [ECF NO. 22853] TO THE FIVE HUNDRED THIRTYEIGHTH OMNIBUS OBJECTION (NON-SUBSTANTIVE) TO 

INCORRECT DEBTOR CLAIMS 

To the Honorable United States District Judge Laura Taylor Swain: 

The Commonwealth of Puerto Rico (the “Commonwealth” or the “Debtor”), 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 files this reply (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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“Reply”) in support of the Five Hundred Thirty-Eighth Omnibus Objection (Non-Substantive) of 

the Commonwealth of Puerto Ric to Incorrect Debtor Claims [ECF No. 20501] (the “Five Hundred 

Thirty-Eighth Omnibus Objection”). The Commonwealth respectfully represents as follows: 

1. On May 16, 2018, Peréz Rodríguez filed a claim, which was logged by Prime Clerk 

LLC (now Kroll Restructuring Administration LLC) as Proof of Claim No. 16333 (the “Claim”). 

The Claim asserts “possible retirement benefits debt” as its basis in the amount of $995,748.00. It 

identifies PREPA in Box 6, which asks the creditor whether they “have a claim against a specific 

agency or department of the Commonwealth of Puerto Rico.” Although the Claim identifies 

PREPA, it specifies the Commonwealth Title III case as the relevant case. No other information 

or documentation was provided with the Claim. 

2. On October 28, 2022, the Commonwealth filed the Five Hundred Thirty-Eighth 

Omnibus Objection seeking to reclassify certain claims (the “Claims to Be Reclassified”) which 

identify the Commonwealth as obligor, when they should be properly asserted, if at all, against the 

Puerto Rico Electric Power Authority (“PREPA”). Any party who disputed the Five Hundred 

Thirty-Eighth Omnibus Objection was required to file a response by 4:00 p.m. (Atlantic Standard 

Time) on November 28, 2022 in accordance with the Court-approved notice attached to the Five 

Hundred Thirty-Eighth Omnibus Objection as Exhibit C, which was served in English and Spanish 

on the individual creditors subject to the Five Hundred Thirty-Eighth Omnibus Objection, the U.S. 

Trustee, and the Master Service List (as defined in the Sixteenth Amended Case Management 

Order [ECF No. 20190-1]). See Certificate of Service [ECF No. 22938]. 

3. On November 10, 2022, María V. Peréz Rodríguez (“Peréz Rodríguez”) filed a 

Spanish-language response, titled Motion to the Five Hundred and Thirty-Eighth Omnibus (NonSubstantive) Objection of the Commonwealth of Puerto Rico to Improper Debtor Claims, to the 

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Five Hundred Thirty-Eighth Omnibus Objection [ECF No. 22853] (the “Response”). 

4. In the Response, Peréz Rodríguez starts by arguing that the Five Hundred ThirtyEighth Omnibus Objection objects to the Claim as “unnecessary.” Id. at 1. She then turns to 

arguments apparently intended to demonstrate why the claim is not “unnecessary.” First, she 

argues that “[t]he fact that Act 22 L.P.R.A. grants the PREPA the power to sue and be sued does 

not give the State immunity from being liable for its actions or omissions.” Response at 4. Second,

she argues that “the State itself, by law, authorized suing it” for “[a]ctions to claim movable and 

immovable property or rights thereon, with or without damages for the damages caused to said 

property or for its income and utilities, and for the demarcation of rural property.” Id. Peréz 

Rodríguez concludes the Response by noting that “[f]ailure to hold the State responsible would 

relieve it of its obligation by allowing it to expropriate my right to a pension in order to satisfy the 

public debt.” Id. 

5. The Commonwealth is not, however, seeking to disallow or expunge the Claim. 

Rather, the Debtor is seeking to merely transfer the Claim to the PREPA Title III case because, as 

described immediately above, Peréz Rodríguez herself identifies PREPA as the governmental 

agency against which the Claim is asserted. Accordingly, Peréz Rodríguez will retain her Claim 

for allegedly accrued but unpaid benefits as asserted against PREPA, and will therefore not be 

prejudiced by the Five Hundred Thirty-Eighth Omnibus Objection. 

6. For the foregoing reasons, the Commonwealth respectfully requests that the Court 

grant the Five Hundred Thirty-Eighth Omnibus Objection and reclassify the Claim, 

notwithstanding the 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 

O’NEILL & BORGES LLC 

250 Muñoz Rivera Ave., Suite 800 

San Juan, PR 00918-1813 

Tel: (787) 764-8181 

Fax: (787) 753-8944 

/s/ Martin J. Bienenstock 

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 the Puerto Rico, as 

representative for the Commonwealth 

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