UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

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 : 

In re: : 

 : 

THE FINANCIAL OVERSIGHT AND : PROMESA 

MANAGEMENT BOARD FOR PUERTO RICO, : Title III 

 : 

 as representative of : Case No. 17-BK-3283 (LTS) 

 : 

THE COMMONWEALTH OF PUERTO RICO, et al., : 

: 

(Jointly Administered) 

Debtors. : 

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 : 

In re: : 

 : 

THE FINANCIAL OVERSIGHT AND : PROMESA 

MANAGEMENT BOARD FOR PUERTO RICO, : Title III 

 : 

 as representative of : Case No. 17-BK-4780 (LTS) 

 : 

PUERTO RICO ELECTRIC POWER AUTHORITY, et al., : 

: 

Debtors. : 

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UNOPPOSED URGENT MOTION OF OFFICIAL COMMITTEE OF UNSECURED 

CREDITORS FOR LEAVE TO EXCEED PAGE LIMIT WITH RESPECT TO 

OMNIBUS OBJECTION OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS 

TO (I) DISCLOSURE STATEMENT FOR TITLE III PLAN OF ADJUSTMENT OF 

PUERTO RICO ELECTRIC POWER AUTHORITY AND (II) RELATED MOTIONS 

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To the Honorable United States District Judge Laura Taylor Swain: 

The Official Committee of Unsecured Creditors (the “Committee”),1 hereby files this 

urgent motion (the “Urgent Motion”), requesting entry of an order, substantially in the form 

attached hereto as Exhibit A, allowing the Committee to exceed the thirty-five (35) page limit 

set forth in the Sixteenth Amended Notice, Case Management and Administrative Procedures

(Docket No. 20190-1 in Case No 17-3283) (the “Case Management Procedures”) with respect to 

the Omnibus Objection of Official Committee of Unsecured Creditors to (I) Disclosure Statement 

for Title III Plan of Adjustment of Puerto Rico Electric Power Authority and (II) Related Motions

(the “Objection”). In support of this Urgent Motion, the Committee respectfully states as 

follows: 

JURISDICTION AND VENUE 

1. The United States District Court for the District of Puerto Rico has subject matter 

jurisdiction over this matter pursuant to section 306(a) of PROMESA. Venue is proper pursuant 

to section 307(a) of PROMESA. 

RELIEF REQUESTED 

2. The Committee respectfully requests that it be allowed to exceed the page limit 

for memoranda of law in support of objections by fifteen (15) pages and to file the Objection of 

no more than fifty (50) pages, exclusive of the cover page, tables of contents and authorities, 

signature pages, exhibits, and certificate of service. 

 

1

 The Committee is the official committee of unsecured creditors for all Title III Debtors, other than PBA and 

COFINA. 

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BASIS FOR RELIEF REQUESTED 

3. Pursuant to paragraph I.E of the Case Management Procedures, memoranda of 

law in support of objections are limited to thirty-five (35) pages unless “prior permission has 

been granted” to exceed that limit. 

4. The Committee respectfully submits that there is good cause to exceed that limit 

under these circumstances. The Financial Oversight and Management Board for Puerto Rico 

(the “Oversight Board”) has filed (a) a disclosure statement [Docket No. 23097] (the “Disclosure 

Statement”), together with (b) a solicitation procedures motion [Docket No. 23099] (the 

“Solicitation Procedures Motion”), and (c) a motion seeking approval of confirmation discovery 

procedures [Docket No. 23100] (the “Confirmation Discovery Motion”). Since filing these 

motions, the Oversight Board has also filed the Notice of Filing of Load Forecast and Best 

Interest Test Report for PREPA [Docket No. 23412], including the Load Forecast and 

Illustrative Cash Flow for New Bonds, attached thereto as Exhibit A, and the Best Interest Test 

attached thereto as Exhibit B. The Committee believes that given the large volume of materials 

and the broad scope of relief sought by the Oversight Board—relief that affects the rights of the 

unsecured creditors in a variety of ways—it is impossible to adequately respond to the relief 

sought in the Solicitation Procedures Motion (including the adequacy of the Disclosure 

Statement) and the Confirmation Discovery Motion within the 35-page limit under the Case 

Management Procedures. 

5. Indeed, in the interest of efficiency and to minimize duplication, the Committee 

intends to submit a single objection to the adequacy of the Disclosure Statements and both the 

Solicitation Procedures Motion and the Confirmation Discovery Motion—rather than filing 

multiple separate objections. 

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6. Accordingly, the Committee respectfully requests authorization to file the 

Objection of no more than fifty (50) pages, exclusive of the cover page, tables of contents and 

authorities, signature page, exhibits, and certificate of service. The Committee submits that this 

request is reasonable and appropriate in light of the circumstances described above. 

7. Pursuant to Section I.H. of the Case Management Procedures, undersigned 

counsel certifies that it has engaged in reasonable, good-faith communications with counsel to 

other interested parties. Moreover, in accordance with Local Bankruptcy Rule 9013-1(a)(2), 

undersigned counsel certifies that counsel has carefully examined the matter and concluded that 

there is a true need for expedited consideration of the Urgent Motion, and that the Committee has 

not created the urgency through lack of due diligence on its part. Counsel to the Committee 

conferred with counsel for the Oversight Board regarding this Urgent Motion. Counsel for the 

Oversight Board has advised counsel for the Committee that the Oversight Board does not 

object to the relief requested in this Urgent Motion.

NO PRIOR REQUEST 

8. No prior request for the relief requested herein has been made by the Committee 

to this or to any other court. 

[Remainder of page intentionally left blank.] 

 

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WHEREFORE, the Committee respectfully requests that this Court enter an order 

substantially in the form attached hereto as Exhibit A granting the relief requested herein, and 

granting such other relief as this Court deems just and proper. 

Dated: February 2, 2023 

 

By: /s/ Luc A. Despins . 

PAUL HASTINGS LLP 

Luc A. Despins, Esq. (Pro Hac Vice) 

Nicholas A. Bassett, Esq. (Pro Hac Vice) 

G. Alexander Bongartz, Esq. (Pro Hac Vice) 

200 Park Avenue 

New York, New York 10166 

Telephone: (212)318-6000 

lucdespins@paulhastings.com 

nicholasbassett@paulhastings.com 

alexbongartz@paulhastings.com 

Counsel to Official Committee of Unsecured 

Creditors 

– and – 

/s/ Juan J. Casillas Ayala 

CASILLAS, SANTIAGO & TORRES LLC 

Juan J. Casillas Ayala, Esq. (USDC - PR 218312) 

Israel Fernández Rodríguez, Esq. (USDC - PR 

225004) 

Juan C. Nieves González, Esq. (USDC - PR 231707) 

Cristina B. Fernández Niggemann, Esq. (USDC - PR 

306008) 

PO Box 195075 

San Juan, Puerto Rico 00919-5075 

Telephone: (787) 523-3434 Fax: (787) 523-3433 

jcasillas@cstlawpr.com 

ifernandez@cstlawpr.com 

jnieves@cstlawpr.com 

cfernandez@cstlawpr.com 

Local Counsel to Official Committee of Unsecured 

Creditors 

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