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 and ERS. 

NOTICE OF CORRESPONDENCE REGARDING THE FIVE HUNDRED FIFTYSEVENTH OMNIBUS OBJECTION (SUBSTANTIVE) OF THE COMMONWEALTH 

OF PUERTO RICO AND THE EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF PUERTO RICO TO 

PROOFS OF CLAIM NOS. 152871 AND 111964 

To the Honorable United States District Court Judge Laura Taylor Swain: 

1. On December 16, 2022, the Commonwealth of Puerto Rico (the “Commonwealth”) 

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

(“ERS,” together with the Commonwealth, the “Debtors”), by and through the Financial Oversight 

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”, and together with the Commonwealth, 

COFINA, HTA, ERS, and PREPA, the “Debtors”) (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). 

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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 filed the Five Hundred Fifty-Seventh Omnibus Objection 

(Substantive) of the Commonwealth of Puerto Rico and the Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico to Deficient Claims [ECF No. 23092] (the “Five 

Hundred Fifty-Seventh Omnibus Objection”) to various proofs of claim. 

2. The Five Hundred Fifty-Seventh Omnibus Objection seeks to disallow certain 

proofs of claim that failed to comply with the applicable rules by not providing a basis for asserting 

a claim against the Commonwealth, ERS, or any of the other Title III Debtor (collectively, the 

“Deficient Claims”), each as listed on Exhibit A thereto. As set forth in the Five Hundred FiftySeventh Omnibus Objection and supporting exhibits thereto, each of the Deficient Claims purports 

to assert wages and/or incentives liabilities associated with one or both of the following family law 

litigations, Case No. KAL-1998-0532 and/or Case No. KAL-1999-0665 (the “Litigations”),3

although neither of the Litigations raise wages and/or incentives issues. However, the claimants 

associated with the Deficient Claims have failed to provide sufficient documentation regarding the 

asserted basis of the claims or the Litigations. Because of the claimants’ failure to comply with 

the applicable rules, the Debtors are not able to determine the validity of the Deficient Claims. 

3. Any party who disputed the Five Hundred Fifty-Seventh Omnibus Objection was 

required to file a response by 4:00 p.m. (Atlantic Standard Time) on January 17, 2023, in 

accordance with the Court-approved notice attached to the Five Hundred Fifty-Seventh Omnibus 

2

 PROMESA is codified at 48 U.S.C. §§ 2101–2241. 

3

 To the extent that the claimants intended to assert the multi-plaintiff litigation captioned Palmira 

Acety et al. v. Commonwealth of Puerto Rico, Case No. KAC-1998-0532, the Debtors have 

confirmed that no claimant is a plaintiff in this case. 

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Objection as Exhibit C thereto, which was served in English and Spanish on the individual 

creditors subject to the Five Hundred Fifty-Seventh Omnibus Objection, the U.S. Trustee, and the 

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

Administrative Procedures [ECF No. 20190-1]). See Certificate of Service [ECF No. 23169]. 

4. The Debtors received correspondence from (a) Lilliam L. Rivera Salerna (“Rivera 

Salerna”), a copy of which is attached hereto as Exhibit A (the “Rivera Salerna Response”), 

regarding Proof of Claim No. 152871 (the “Rivera Salerna Claim”), and (b) Carmen Astacio Pagán 

(“Astacio Pagán,” and together with Rodriguez Salerna, the “Claimants”), a copy of which is 

attached hereto as Exhibit B (the “Astacio Pagán Response”), regarding Proof of Claim No. 

111964 (the “Astacio Pagán Claim”). Certified translations of the Rivera Salerna Response and 

the Astacio Pagán Response are attached hereto as Exhibits A-1 and B-1. 

I. Rivera Salerna Response 

5. On June 28, 2018, Rivera Salerna filed the Rivera Salerna Claim asserting an 

undetermined amount from her employment at the Department of Education, an agency of the 

Commonwealth, under cases KAL-1998-0532 and KAL-1999-0665. Rivera Salerna Claim at 2-

3. 

6. The Rivera Salerna Response, a Spanish-language letter, dated December 30, 2022, 

was received by Kroll on January 6, 2023. Therein, Rivera Salerna does not dispute that the Rivera 

Salerna Claim purports to assert liabilities arising from litigations that do not name Rivera Salerna 

as a plaintiff, and otherwise assert liabilities relating to wages or incentives liabilities without 

providing sufficient information for the Debtors to determine whether any such liabilities are 

actually owed. Instead, the Rivera Salerna Response simply states that “the documents required 

have always been sent.” Rivera Salerna Response at 2. 

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7. Because the Rivera Salerna Response does not provide critical information needed 

to determine the validity of the Rivera Salerna Claim against the Commonwealth or any other Title 

III Debtor, the Rivera Salerma Claim should be disallowed in its entirety. 

II. Astacio Pagán Response 

8. On June 28, 2018, Astacio Pagán filed the Astacio Pagán Claim asserting $9,000 

from her employment at the Department of Education, an agency of the Commonwealth, under 

cases KAL-1998-0532 and KAL-1999-0665. Astacio Pagán Claim at 2-3. 

9. The Astacio Pagán Response, a Spanish-language letter, dated January 02, 2023, 

was received by Kroll on January 10, 2023. Therein, Astacio Pagán also does not dispute that the 

Astacio Pagán Claim purports to assert liabilities arising from litigations that do not name Astacio 

Pagán as a plaintiff, and otherwise assert liabilities relating to wages or incentives liabilities 

without providing sufficient information for the Debtors to determine whether any such liabilities 

are actually owed. Instead, Astacio Pagán alleges accrued but unpaid wages purportedly arising 

during the governorships of Governor Romero Barceló and Governor Calderón. Astacio Pagán 

Response at 1. This information is not sufficient, however, for the Debtors to be able to reconcile 

the Astacio Pagán Claim. 

10. Because the Astacio Pagán Response does not provide critical information needed 

to determine the validity of the Astacio Pagán Claim against the Commonwealth or any other Title 

III Debtor, the Astacio Pagán Claim should be disallowed in its entirety. 

[Remainder of Page Intentionally Left Blank] 

 

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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 

Gabriel A. Miranda 

USDC No. 306704 

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 Puerto Rico, as representative of 

the Commonwealth of Puerto Rico 

and the Employees Retirement 

System of the Government of the 

Commonwealth of Puerto Rico

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