IN THE 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

DEBTOR

PROMESA 

TITLE III

NO. 17 BK 3283-LTS

MOTION FOR RELIEF FROM AUTOMATIC STAY IN ORDER TO VOLUNTARILY

DISMISS COMPLAINT WITH PREJUDICE

TO THE HONORABLE COURT:

COMES NOW Karen Odalys Fuentes Rivera, Luis Iván Fuentes 

Vázquez, y Carmen Iris Rivera Cosme (hereinafter collectively 

“Movants”), through the undersigned counsel and very 

respectfully move the Court for an Order pursuant to 11 U.S.C. 

sec. 362 for relief of the automatic stay, and in support of 

this motion, states and prays: 

I. PROCEDURAL BACKGROUND 

On June 23, 2016, the Movants filed a Complaint before the 

Puerto Rico Court of First Instance, Superior Court of Caguas,

against the Commonwealth of Puerto Rico/Department of 

Transportation and Public Works (“Commonwealth”), the 

Municipality of Aguas Buenas, the Puerto Rico Road and 

Transportation Authority (“PRRTA”) and others, seeking monetary 

compensation for damages suffered due to a traffic accident. On 

July 5, 2016 and December 14, 2016 Movants amended the Complaint 

Case:17-03283-LTS Doc#:2714 Filed:03/15/18 Entered:03/15/18 14:37:10 Desc: Main

Document Page 1 of 6
2

to include Triple S Propiedad and Mapfre-Praico Insurance 

Company as codefendants, and to amend their claims. Karen Odalys 

Fuentes Rivera, et als v. Departamento de Transportación y Obras 

Públicas, et als, E DP2016-0075.

In said complaint, movants alleged that while Karen Odalys 

Fuentes Vazquez was driving on road PR-156 she had to move to 

the side of the road. Nevertheless, because the road lacked 

illumination, nor the road had the proper safety barriers, 

movant Fuentes Vázquez fell by the side of a bridge, suffering 

multiple body traumas. 

On May 19, 2017, the Commonwealth filed before the Caguas 

Superior Court a motion requesting an order of stay of the 

proceedings in the above-mentioned case pursuant to Title III of 

the Puerto Rico Oversight, Management, and Economic Stability 

Act (“PROMESA”).

On June 26, 2017, the Caguas Superior Court entered an 

order granting the Commonwealth’s petition of stay of the claim 

against the Commonwealth but ordered that the case continued

against all the other parties of the case. 

On August 10, 2017 the Commonwealth filed a writ of 

certiorari before the Puerto Rico Court of Appeals requesting 

that the case be stayed against all parties. Case No. 

KLCE201701416.1 On December 8, 2017 the Puerto Rico Court of 

 

1 On August 23, 2017 the Puerto Rico Court of Appeals consolidated Case No. 

KLCE201701416 with Case No. KLCE201701415.

Case:17-03283-LTS Doc#:2714 Filed:03/15/18 Entered:03/15/18 14:37:10 Desc: Main

Document Page 2 of 6
3

Appeals entered judgement staying the proceedings against all 

other codefendants until this Bankruptcy Court determines 

otherwise.

On December 2017, Plaintiffs and Co-Defendants, Triples S

Propiedad, Inc. and Mapfre Praico Insurance Company, reached a 

private extra-judicial agreement settling all claim relating to 

the case. In consideration of that agreement, Plaintiffs agreed 

to file a motion to voluntarily dismiss with prejudice of the

complaint filed against the abovementioned parties, including 

the Commonwealth. 

On December 21, 2017 Plaintiffs requested from the Puerto 

Rico Court of Appeals to lift the stay granted in the judgment 

entered on December 8, 2017 with the sole purpose of being able

to file a motion to dismiss before the Superior Court of Caguas.

Consequently, on January 24, 2018 the Commonwealth informed the 

Court of Appeals that they did not had an objection to the 

request made by Plaintiff.

On February 6, 2018 the Court of Appeals entered order 

denying Plaintiff’s request for lift of stay stating that 

Plaintiff should file the proper motion before Bankruptcy Court.

II. DISCUSSION 

Movants respectfully request this Honorable Court that the 

automatic stay of captioned case, Karen Odalys Fuentes Rivera, 

et als v. Departamento de Transportación y Obras Públicas, et 

als, E DP2016-0075 be lifted or modified pursuant to 11 U.S.C. 

Case:17-03283-LTS Doc#:2714 Filed:03/15/18 Entered:03/15/18 14:37:10 Desc: Main

Document Page 3 of 6
4

Sec. 362 (d)1), for cause, allowing Plaintiff to file a motion 

for voluntary dismissal with prejudice of case number EDP2016-

0075 with respect to all parties in that case.

Section 362 (d)(1) of the Bankruptcy Code, supra, states 

that: 

“On request of a party in interest and after notice

and a hearing, the court shall grant relief from the 

stay provided under subsection (a) of this section,

such as by terminating, annulling, modifying, or 

conditioning such stay---.

(1) for cause, including the lack of adequate 

protection of an interest in property of such party in 

interest.” 

In Sonnax Indus., Inc. v. TriComponent Prods. Corp. (In re 

Sonnax Indus., Inc.), 907 F.2d 1280 (2d Cir. 1990), the Second 

Circuit Court of Appeals enumerated the factors that should be 

analyzed for purposes of evaluating relief from the automatic 

stay: 

(1) Whether relief would result in a partial or complete 

resolution of the issues; 

(2) Lack of any connection with or interference with the 

bankruptcy case; 

(3) Whether the other proceeding involves the debtor as a 

fiduciary; 

(4) Whether a specialized tribunal with the necessary 

expertise has been established to hear the cause of action;

(5) Whether the debtor’s insurer has assumed full 

responsibility for defending it; 

(6) Whether the action primarily involves third parties;

(7) Whether litigation in another forum would prejudice the 

interests of other creditors; 

Case:17-03283-LTS Doc#:2714 Filed:03/15/18 Entered:03/15/18 14:37:10 Desc: Main

Document Page 4 of 6
5

(8) Whether the judgment claim arising from the other 

action is subject to equitable subordination; 

(9) Whether movant’s success in the other proceeding would 

result in a judicial lien avoidable by the debtor; 

(10) The interests of judicial economy and the expeditious 

and economical resolution of litigation; 

(11) Whether the parties are ready for trial in the other 

proceeding; and 

(12) Impact of the stay on the parties and the balance of 

harms. 

Movant’s litigation meets many of the criteria enumerated 

by Sonnax for the stay to be lifted or modified. Particularly 

the factors number 1, 10, and 12 stated above. 

The lifting of the automatic stay in this case will allow 

Plaintiff to voluntarily dismiss all claims against Debtor and 

all other codefendants in the Karen Odalys Fuentes Vázquez case.

This dismissal will result in the complete resolution of the 

case and will release Debtor of any claim relating to the facts 

of the dismissed case. 

Finally, allowing Movant’s Litigation to proceed would not 

interfere with PROMESA Title III case, hence the stay should be 

lifted of modified. 

WHEREFORE, movant Movants respectfully request from this 

Honorable Court that the stay in the captioned case be lifted or 

modified in order to allow Plaintiffs to voluntarily dismiss 

with prejudice the case Karen Odalys Fuentes Rivera, et als v. 

Case:17-03283-LTS Doc#:2714 Filed:03/15/18 Entered:03/15/18 14:37:10 Desc: Main

Document Page 5 of 6
6

Departamento de Transportación y Obras Públicas, et als, E 

DP2016-0075.

I HEREBY CERTIFY that the forgoing document was filed with 

the Clerks of the Court using CM/ECF system, which will send 

notification of such filing to counsel of record. 

RESPECTFULLY SUBMITTED, 

In San Juan, Puerto Rico this 15th day of March 2018. 

/s/Luis E. Fusté Lacourt

USDC No. 221403

IGARTÚA & FUSTÉ

LAW OFFICES

P.O. Box 194921

San Juan, PR 00919

TEL: (787) 753-7753

luis.fuste@gmail.com

Case:17-03283-LTS Doc#:2714 Filed:03/15/18 Entered:03/15/18 14:37:10 Desc: Main

Document Page 6 of 6