230821 ORD RE LATE-FILED RESP TO 592ND CLAIMS OBJ VERSION AUGUST 21, 2023 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

------------------------------------------------------------x

In re: PROMESA

Title III

THE FINANCIAL OVERSIGHT AND

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of No. 17 BK 3283-LTS

THE COMMONWEALTH OF PUERTO RICO (Jointly Administered)

et al.,

Debtors.1

------------------------------------------------------------x

ORDER CONCERNING LATE-FILED RESPONSE TO

FIVE-HUNDRED NINETY-SECOND OMNIBUS OBJECTION

The Court has received and reviewed both the Informative Motion Regarding 

Excusable Neglect Pursuant to Fed. R. Bankr. P. 9006(b)(1) (Docket Entry No. 24920 in Case 

No. 17-3283) (the “Informative Motion”),

2 as well as the Opposition to the “Five-Hundred 

Ninety-Second Omnibus Objection (Substantive) of the Commonwealth of Puerto Rico and the 

Employees’ Retirement System of the Government of the Commonwealth of Puerto Rico to 

Claims for Which the Debtors are Not Liable” (Docket Entry No. 24921) (the “Response”), filed 

by José A. Álvarez Galarza (Claim No. 34470), José Ángel Betancourt Castellano (Claim 

No. 39398), Juan Manuel Cruz Morales (Claim No. 36398), Domingo Fantauzzi Ramos (Claim 

No. 30222), Leonardo García Pacheco (Claim No. 364467), Luis A. García Serrano (Claim 

No. 29836), Nelson López Laboy (Claim No. 30208), Benjamín Morales Pagán (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 (the “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).

2 Unless otherwise noted, all references herein to Docket Entry Nos. are references to Case 

No. 17-2383. 

Case:17-03283-LTS Doc#:24943 Filed:08/21/23 Entered:08/21/23 11:09:51 Desc: Main

Document Page 1 of 3
230821 ORD RE LATE-FILED RESP TO 592ND CLAIMS OBJ VERSION AUGUST 21, 2023 2

No. 26996), Henry Orta Vázquez (Claim No. 31812), Arnaldo L. Ortiz Mateo (Claim 

No. 27622), Jaime Luis Osorio Cepeda (Claim No. 26995), Francisco Reyes Colón (Claim 

No. 34471), Roberto Rodríguez-Rodríguez (Claim No. 31807), Pedro Ruiz Delgado (Claim 

No. 28660), Carmelo Santiago Otero (POC 28904), Antonio Santiago Vargas (Claim 

No. 29773), and Rainiero Vázquez Fontán (Claim No. 81555) (collectively, the “Claimants”).

In the Informative Motion, Claimants detail their unsuccessful efforts to file 

timely responses to the Five-Hundred Ninety-Second Omnibus Objection (Substantive) of the 

Commonwealth of Puerto Rico and the Employees’ Retirement System of the Government of the 

Commonwealth of Puerto Rico to Claims for Which the Debtors are Not Liable (Docket Entry 

No. 24760) (the “592nd Omnibus Claims Objection”), filed by the Financial Oversight and 

Management Board for Puerto Rico (the “Oversight Board”). Claimants ask the Court to 

determine that the dilatory filing of the Response was an act of excusable neglect, and to accept 

the Response. (Info Mot. ¶¶ 6-7.)

Subdivision 9006(b)(1) of the Federal Rules of Bankruptcy Procedure,3 provides 

in pertinent part that: “[W]hen an act is required or allowed to be done at or within a specified 

period by these rules or by a notice given thereunder or by order of court, the court for cause 

shown may at any time in its discretion . . . on motion made after the expiration of the specified 

period permit the act to be done where the failure to act was the result of excusable neglect.” 

Fed. R. Bankr. P. 9006(b)(1). 

The evaluation of excusable neglect involves an equitable balancing of several 

factors. These include “the danger of prejudice . . . the length of the delay and its potential 

impact on judicial proceedings, the reason for the delay, including whether it was within the 

reasonable control of the movant, and whether the movant acted in good faith.” See Graphic 

Commc’ns Int’l Union, Loc. 12-N v. Quebecor Printing Providence, Inc., 270 F.3d 1, 5 (1st Cir. 

2001) (quoting Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 395 

(1993)). The Court must also consider whether the dilatory filing was made in bad faith with the 

intent to disadvantage a party in interest, and whether the circumstances were within the 

reasonable control of the late filer, but negligence or indifference led to the delay, or if the late 

filer acted in good faith but was hindered by reasonably unforeseen obstacles. See generally

Pioneer Inv. Servs., 507 U.S. at 385, 395-96.

Here, as recounted in the Informative Motion, Claimants made several efforts to 

meet the response deadline imposed by the 592nd Omnibus Claims Objection—including timely 

filing a physical copy of the Response, which was properly rejected as a defective filing (Docket 

Entry No. 24892). Although earlier inquiry into filing procedures should have been undertaken, 

Claimants have established that the late-filing occurred despite good faith efforts and due to the 

hindrance of reasonably unforeseen obstacles. Additionally, the length of the delay was 

negligible.

3 The Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) are made 

applicable in these Title III cases by section 310 of the Puerto Rico Oversight, 

Management, and Economic Stability Act (“PROMESA”). 48 U.S.C. § 2170. 

PROMESA is codified at 48 U.S.C. section 2101 et seq. 

Case:17-03283-LTS Doc#:24943 Filed:08/21/23 Entered:08/21/23 11:09:51 Desc: Main

Document Page 2 of 3
230821 ORD RE LATE-FILED RESP TO 592ND CLAIMS OBJ VERSION AUGUST 21, 2023 3

Accordingly, the Claimants’ neglect is excused, and the Court will consider 

the Response.

4

 However, and despite the short length of the delay, from the substance of the 

Response it appears that additional time for the parties to discuss resolution would be 

appropriate. Therefore, solely with respect to Claimants’ relevant proofs of claim, the hearing on 

the 592nd Omnibus Claims Objection is hereby adjourned to the omnibus hearing scheduled for 

October 4, 2023, at 9:30 a.m. (Atlantic Standard Time). 

SO ORDERED.

Dated: August 21, 2023

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

4 This Order resolves Docket Entry No. 24920, the motion requesting this relief.

Case:17-03283-LTS Doc#:24943 Filed:08/21/23 Entered:08/21/23 11:09:51 Desc: Main

Document Page 3 of 3