IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF PUERTO RICO

In Re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO

as a 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.

EMPRESAS OMAJEDE’S MOTION FOR ALLOWANCE AND PAYMENT OF 

ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. § 503

TO THE HONORABLE COURT:

COMES NOW, creditor, EMPRESAS OMAJEDE INC., through the undersigned 

counsel, hereby files this motion (the “Motion”) for entry of an order, in the form 

annexed hereto as Exhibit A, allowing Creditor’s administrative expense claim 

pursuant to 11 U.S.C. § 503, and in support hereof Creditor, very respectfully, 

ALLEGES, STATES and PRAYS:

JURISDICTION AND VENUE

1. This Court has jurisdiction over the Motion pursuant to 28 U.S.C. §§ 

157 and 1334(a). This is a core proceeding pursuant to 28 U.S.C. § 157(b). Venue is 

proper in this Court pursuant to 28 U.S.C. §§ 1408(1) and 1409.

1 The Last Four Digits of the Federal Tax ID of the Commonwealth of Puerto Rico

(the Debtor in Bankruptcy Case No. 17- BK-3283 (LTS)) is 3481.

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 1 of 12
-2-

BACKGROUND

2. This filing relates to the Commonwealth of Puerto Rico and the Title 

III proceedings commenced on May 2, 2017 by the Financial Oversight and 

Management Board for Puerto Rico on behalf of the Commonwealth [ECF No. 1 of 

17-03283].

3. Pursuant to Section 2161 of PROMESA, Sections 365, 503 and 507(a)(2)

of the Bankruptcy Code are applicable to the Commonwealth’s Title III proceedings.

4. Pursuant to Section 1.51 and Article III of the Modified Eighth 

Amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico

(the “Commonwealth Plan”) [ECF No. 19813-1] and decretal paragraph 44 of the 

Order and Judgement Confirming Modified Eighth Amended Title III Joint Plan of 

Adjustment of the Commonwealth of Puerto Rico, the Employees Retirement 

System of the Government of the Commonwealth of Puerto Rico, and the Puerto 

Rico Public Buildings Authority (the “Confirmation Order”) [ECF No. 19813] the 

deadline for filing proofs of or requests for payment of Administrative Expense 

Claims was June 13, 2022 (the “Administrative Claim Bar Date”). See [ECF No. 

20349] (the “Notice of Effective Date”) at 2.

5. Pursuant to the Order Extending Administrative Claim Bar Date For 

Certain Parties and Modifying Discharge Injunction entered at ECF No. 22650, the 

deadline for filing proofs of or requests for payment of Administrative Expense 

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 2 of 12
-3-

Claims was extended to January 18, 2022 at 4:00 pm (the “Extended Administrative 

Claim Bar Date”). See [ECF No. 22650] at 2.

6. The movant, Empresas Omajede is a creditor of the Commonwealth

with respect to the overdue and unpaid monthly lease payments corresponding to 

Contract #2011-000009 signed by Empresas Omajede and the Public Service 

Commission2 as an agency of the Commonwealth of Puerto Rico and for whom the 

Commonwealth is liable.

7. On March 9, 2011, the Public Service Commission signed a lease 

agreement titled “Contrato de Arrendamiento de Locales por Cinco Años hasta 

Treinta Años” in Spanish, which is translated to English as Lease Agreement of 

Locals for Five Years to Thirty Years.

8. On March 9, 2011, Contract #2011-000009 was filed with the Office of 

the Comptroller of Puerto Rico.

9. On August 1, 2011, the Public Service Commission signed a 

“Documento de Aceptación y Toma de Posesión del Local La Electrónica-Anejo I al 

Contrato 2011-000009” in Spanish, which is translated to English as Document of 

Acceptance and Taking Possession of Local -Exhibit I to Contract #2011-000009.

2 The Bureau of Transportation and other Public Works was previously known as 

the Public Service Commission (in Spanish as “La Comisión de Servicio 

Público”).

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 3 of 12
-4-

10. On August 1, 2011, Contract #2011-000009 was filed with the Office of 

the Comptroller of Puerto Rico.

11. On September 7, 2012, the Public Service Commission signed a 

“Enmienda al Contrato 2011-000009, para cumplir con la Cláusula de Amortización 

de Mejoras. Se Aneja Como Parte Integral del Contrato Original Núm. 2011-

000009.” in Spanish, which is translated to English as Amendment to Contract 

#2011-000009, to Comply with the Improvements Amortization Clause. Attached as 

an Integral Part of the Original Contract #2011-000009.

12. On September 7, 2012, the Amendment to Contract #2011-000009 was 

filed with the Office of the Comptroller of Puerto Rico.

13. On May 3, 2017, the Oversight Board issued a restructuring 

certification pursuant to PROMESA sections 104(j) and 206 and filed a voluntary

petition for relief for the Commonwealth of Puerto Rico (the “Commonwealth”) 

pursuant to PROMESA section 304(a), commencing a case under Title III thereof (the 

“Commonwealth Title III Case”). Dkt. 1

14. On May 25, 2018 and June 25, 2018, Empresas Omajede filed two

proofs of claim (hereinafter the “Empresas Omajede Claim”, as amended), which are 

identified as Claim #21372 and Claim #70324 and which attach several exhibits to 

the POCs, including the lease agreement and a table setting forth the monthly lease 

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 4 of 12
-5-

payments that were owed to Empresas Omajede for the leased space up to the date 

the leased space was vacated.3

15. Herein attached are the documents that evidence the claim and the 

amounts owed, including a table of overdue and unpaid monthly payments, which 

includes the monthly lease payment corresponding to June 2017 in the amount of 

$66,666.66. See Exhibits EO A, EO B, EO C, EO D, EO E, EO F and EO G.

16. To this date, the Commonwealth has not paid the post-petition lease 

payments to Empresas Omajede with regards to post-petition monthly lease 

payment for the June 2017 monthly payment of the Lease Agreement as evidenced 

by Empresas Omajede’s claim, as amended. (the “Administrative Expense Claim”).

17. As the overdue amount of $66,666.66 in monthly lease payments,

which is owed to Empresas Omajede remains unpaid by the Commonwealth, 

Empresas Omajede is entitled to an administrative expense priority in the total 

amount of $66,666.66 in overdue post-petition lease monthly payment that 

corresponds to the June 2017 monthly payment of the Lease Agreement as 

evidenced by Empresas Omajede’s claim, as amended.

3 Claim #21372 was objected to in the 298th Omnibus Objection (Dkt. 16018) 

because it was later amended, and the amended claim (Claim #70324)

superseded the original claim. Claim #70324 was also objected to in the 372nd 

Omnibus Objection (Dkt. 17918) and in Debtor’s 519th Omnibus Objection (Dkt. 

22254), for various reasons. Empresas Omajede filed an adversary proceeding 

with respect to Claim #70324. See 22-ap-0076 requesting that the validity of the 

Empresas Omajede Claim be adjudicated via said adversary instead of through 

the above mentioned objections.

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 5 of 12
-6-

RELIEF REQUESTED

18. By this Motion, Empresas Omajede respectfully requests that the 

Court enter an order pursuant to Section 503(b)(1)(A) of the Bankruptcy Code 

granting an allowed Administrative Expense Claim for the overdue post-petition 

monthly lease payment corresponding to the June 2017 monthly payment of the

Lease Agreement evidenced by Empresas Omajede’s claim, as amended.

BASIS FOR RELIEF

A. Empresas Omajede Should be Granted an Allowed Administrative Expense Claim

19. Section 503(a) of the Bankruptcy Code states that “[a]n entity may 

timely file a request for payment of an administrative expense, or may tardily file 

such request if permitted by the court for cause. 11 U.S.C. § 503(a).

20. Section 503(b)(1)(A) of the Bankruptcy Code provides, in pertinent 

part, “[a]fter notice and a hearing, there shall be allowed, administrative expenses . 

. . [for] the actual, necessary costs and expenses of preserving the estate.” 11 U.S.C. 

§ 503(b)(1)(A).

21. The creditor must also establish that the debt arose post-petition. In re 

Baldwin-United Corp., 43 B.R. 443, 454 (S.D. Ohio 1984) citing In re Mammoth 

Mart, Inc., 536 F.2d 950, 954 HN8 (1st Cir.1976) ("for a claim . . . . to be entitled to 

first priority . . . . the debt must arise from a transaction with the debtor-inpossession").

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 6 of 12
-7-

22. Certainly, Empresas Omajede has proven that the amount claimed by 

Empresas Omajede in this request for an allowed administrative expense claim

corresponds to the overdue monthly rent payment that became due after the Filing 

Date of the Commonwealth’s Title III proceeding, on the date that the 

Commonwealth vacated the leased space in June 2017.

23. Courts have discretion to order debtors to immediately pay an allowed 

administrative expense claim. In re The Korea Chosun Daily Times, 337 B.R. 773, 

784 (Bankr. E.D.N.Y. 2005) (“[t]he question of whether administrative expenses 

should be paid sooner than the effective date of the plan is committed to the sound

discretion of the bankruptcy court”). Courts consider several factors in deciding on 

whether to grant such a request, including the prejudice to the debtor, hardship on 

the creditor and potential determent to other creditors. In re Garden Ridge Corp., 

323 B.R. 136, 143 (Bankr. D. Del. 2005).

24. As more than 5 years have passed since the Public Service Commission

left the leased premises, in light of the hardship caused to the Empresas Omajede 

and the lack of prejudice to the Commonwealth in paying such a small amount, the

Court should, in its discretion, determine whether the administrative expense claim 

should be paid immediately.

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 7 of 12
-8-

CONCLUSION

25. Creditor, Empresas Omajede, is the owner of the leased premises that 

the Public Service Commission did not vacate until after one post-petition monthly 

rent had accrued. Therefore, Empresas Omajede has a pre-petition claim for the 

overdue lease payments that accrued pre-petition (which is the subject of adversary 

proceeding 22-ap-0076) and a post-petition administrative claim for the overdue

lease payments that accrued post-petition (which is the subject of this motion). The 

amounts claimed by Empresas Omajede in this request for an allowed 

administrative expense claim correspond to the overdue monthly rent payment that 

became due after the Filing Date of the Commonwealth’s Title III proceeding, on

the date that the Commonwealth vacated the leased space in June 2017. 

Accordingly, as Empresas Omajede has proved that the claim corresponds to a

monthly lease payment that became due post-petition, Empresas Omajede is 

entitled to an allowed administrative expense claim under Section 503(1)(A) of the 

Bankruptcy Code for the overdue post-petition monthly lease payment that became 

due in June 2017, after the Filing Date of the Commonwealth’s Title III proceeding

and before the effective date of the Modified Eighth Amended Title III Joint Plan of 

Adjustment of the Commonwealth of Puerto Rico [ECF No. 19813-1].

WHEREFORE, the movant, Empresas Omajede, very respectfully requests the 

entry of an order, substantially in the form annexed hereto as Exhibit A, (i) 

allowing the Administrative Expense Claim in the total amount of $66,666.66 of the

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 8 of 12
-9-

overdue post-petition lease monthly payment that corresponds to the June 2017 

monthly payment of the Lease Agreement as evidenced by Empresas Omajede’s 

claim, as amended; (ii) compelling the immediate payment of the Administrative 

Expense Claim; and (iii) granting such other and further relief as the Court deems 

appropriate.

NOTICE OF RESPONSE TIME

Within fourteen (14) days after service as evidenced by the 

certification, and an additional three (3) days pursuant to Fed. R. Bank P. 

9006(f) if you were served by mail, any party against whom this motion has 

been served, or any other party to the action who objects to the relief sought 

herein, shall serve and file an objection or other appropriate response to this 

paper with the Clerk's office of the U.S. Bankruptcy Court for the District of 

Puerto Rico. If no objection or other response is filed within the time allowed 

herein, this motion will be deemed unopposed and may be granted unless: (i) 

the requested relief is forbidden by law; (2) the requested relief is against 

public policy; or (iii) in the opinion of the Court, the interest of justice 

requires otherwise.

CERTIFICATION OF SERVICE: IT IS HEREBY CERTIFIED that, on this same date, I

electronically filed the foregoing with the Clerk of the U.S. Bankruptcy Court for 

the District of Puerto Rico using the CM/ECF System which will send notification of 

such filing to all ECF participants, including the following: including Ricardo 

Burgos Vargas and Martin J. Bienenstock, the attorneys for the Financial Oversight 

and Management Board for Puerto Rico as representative for the Commonwealth of 

Puerto Rico.

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 9 of 12
-10-

RESPECTFULLY SUBMITTED, in San Juan, PR, this 18th day of January, 2023.

DML |Diaz Mayoral Law

Attorney for Empresas Omajede Inc.

s/ Monique Diaz Mayoral

USDC-PR No. 225712

151 San Francisco Street

San Juan, PR 00901

(754)755-5508

m@diazmayorallaw.com

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 10 of 12
Exhibit A

-11-

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF PUERTO RICO

In Re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO

as a 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.

ORDER ALLOWING EMPRESAS OMAJEDE’S ADMINISTRATIVE EXPENSE CLAIM

Upon the Motion For Entry of an Order Allowing and Compelling Payment of 

Administrative Expense Claim Pursuant To 11 U.S.C. § 503(B)(1)(A) (Docket Entry No. ____, 

the “Administrative Claim Motion”)2 filed by Empresas Omajede Inc. on January 18, 2023, and 

the Administrative Claim Motion being timely filed before the 4pm January 18, 2023 deadline,

and the Court having jurisdiction to consider the Administrative Claim Motion and to grant the 

relief requested therein pursuant to PROMESA section 306(a); and venue being proper pursuant 

to PROMESA section 307(a); and due and proper notice of the Administrative Claim Motion

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); and (v) Puerto Rico Electric Power 

Authority (“PREPA”) (Bankruptcy Case No. 17 BK 4780- LTS) (Last Four Digits 

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 11 of 12
Exhibit A

-12-

having been provided, and no other or further notice being required; and the Court having 

determined that the legal and factual bases set forth in the Administrative Claim Motion establish 

just cause for the relief granted herein; and after due deliberation and sufficient cause appearing 

therefor, it is hereby

ORDERED that the Administrative Claim Motion is GRANTED as set forth herein; and 

it is further

ORDERED that Empresas Omajede Inc. has an allowed administrative expense claim in 

the total amount of $66,666.66 of the overdue post-petition lease monthly payment that 

corresponds to the June 2017 monthly payment of the Lease Agreement; and it is further 

ORDERED that the Commonwealth shall make immediate payment of the 

Administrative Expense Claim; and it is further

ORDERED that this Court shall retain jurisdiction to hear and determine all matters 

arising from or related to the implementation, interpretation, or enforcement of this Order. 

SO ORDERED. 

Dated: _____ ___, 2023.

_______________________

LAURA TAYLOR SWAIN 

United States District Judge 

of Federal Tax ID: 3747) (Title III case numbers are listed as Bankruptcy Case 

numbers due to software limitations). 

Case:17-03283-LTS Doc#:23272 Filed:01/18/23 Entered:01/18/23 15:27:18 Desc: Main

Document Page 12 of 12