UNITED STATES DISTRICT COURT

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 

Case No. 17 BK 3283-LTS

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO (“ERS”),

Debtor.

PROMESA

Title III 

Case No. 17 BK 3566-LTS

RE: ECF No. 278

Because of the nature of the relief 

requested herein, this Response shall 

be filed in the Title III cases for each 

of the Debtors.

ASOCIACIÓN DE EMPLOEADOS DEL ESTADO 

LIBRE ASOCIADO,

Movant.

v.

 

1 The debtors in the jointly-administered Title III cases (collectively, the “Debtors”), along with each Debtor’s 

respective Title III case number listed as a bankruptcy case number due to software limitations 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) (the 

“Commonwealth”); (ii) Puerto Rico Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case No. 17 

BK 3284-LTS) (Last Four Digits of Federal Tax ID: 8474); (iii) 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); (iv) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy 

Case No. 17 BK 3567-LTS) (Last Four Digits of Federal Tax ID: 3808); and (v) Puerto Rico Electric Power 

Authority (“PREPA”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 3747). 

(Title III case numbers are listed as Bankruptcy Case numbers due to software limitations).

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 1 of 11
2

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO,

Respondent.

DEBTORS’ RESPONSE TO 

(I) MOTION FOR EXTENSION OF BAR DATE TO FILE PROOFS OF CLAIM

AND (II) RESPONSE OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS

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

The Employees Retirement System of the Government of the Commonwealth of Puerto 

Rico (“ERS”) and each of the other Debtors, by and through the Financial Oversight and 

Management Board for Puerto Rico (the “Oversight Board”), as the Debtors’ representative 

pursuant to section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability 

Act (“PROMESA”),

2

respectfully submit this response (the “Response”) to (i) the Motion for 

Extension of Bar Date to File Proofs of Claim [Case No. 17-3566, ECF No. 278] (the “Motion”), 

filed by the Asociación de Empleados del Estado Libre Asociado (“AEELA”), and (ii) the 

Response of the Official Committee of Unsecured Creditors to Motion of Asociacion de 

Empleados Del Estado Libre Asociado for Extension of Bar Date to File Proofs of Claim and 

Request to Make Any Relief Granted Applicable to Creditors of All Debtors [Case No. 17-3566, 

ECF No. 280] (the “UCC Response”), filed by the Official Committee of Unsecured Creditors 

(the “UCC”), and respectfully represent as follows:

 

2

PROMESA has been codified in 48 U.S.C. §§ 2101-2241.

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 2 of 11
3

Response

1. AEELA seeks to extend the Court-ordered May 29, 2018 claims bar date in ERS’s 

case (the “Bar Date”) to allow solely members of AEELA, a public employee credit union, to file 

proofs of claim against ERS (and no other Debtor) through June 15, 2018. On May 24, 2018, the 

UCC filed the UCC Response requesting that, if the Court were to grant the relief requested in 

the Motion, it should extend the Bar Date by thirty (30) days for all creditors. The Debtors have 

reviewed the concerns raised in the Motion and the UCC Response by AEELA and the UCC, 

respectively. Although the Debtors believe that any claims AEELA’s members would have 

against ERS are probably claims for pension and other post-retirement benefits that are exempt 

from filing a proof of claim under the provisions of the Bar Date Order, 3the Debtors are 

amenable to the general extension as requested by the UCC through June 29, 2018 (the 

“Extended Bar Date”) in the interest of further assisting the people and businesses of Puerto 

Rico. In this regard, and if the Court accepts the Extended Bar Date, the Debtors shall maintain 

the proof of claim drop off locations currently established, within the feasibility of doing so on 

short notice, through the Extended Bar Date, and will endeavor, as soon as practicable, to publish 

notice of the extension in the same publications as specified in the Bar Date Order, and broadcast 

radio announcements of the extension on the same radio stations as specified in the Bar Date 

Order. 

2. The Debtors request that the Court enter the proposed order attached hereto as 

Exhibit A to memorialize the foregoing. Because of the need to provide notice as soon as 

possible and to extend the leases for collection locations, the Debtors request that such order be 

entered as soon as possible.

 

3 Order (A) Establishing Deadlines and Procedures for Filing Proofs of Claim and (B) Approving Form and 

Manner of Notice Thereof [Case No. 17-3283, ECF No. 2521] (the “Bar Date Order”), sec. 6(f).

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 3 of 11
4

3. In consenting to this extension, (i) neither ERS nor any of the other Debtors waive 

any arguments, rights, or defenses with respect to any further requests to extend the Extended 

Bar Date or to seek allowance of claims filed after the Extended Bar Date; and (ii) the Debtors’

position in this Response shall not be deemed or construed as creating or conferring any right 

upon any persons or entities, or evidence of any willingness or obligation on the Debtors’ part to 

consent to any other or future modifications of or relief from the Bar Date or the Extended Bar 

Date, as the case may be.

Dated: May 25, 2018

San Juan, Puerto Rico

Respectfully submitted, 

/s/ Martin J. Bienenstock

Martin J. Bienenstock (admitted pro hac vice)

Brian S. Rosen (admitted pro hac vice)

Paul V. Possinger (admitted pro hac vice)

Ehud Barak (admitted pro hac vice)

Maja Zerjal (admitted 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 as Representative 

for ERS

/s/ Hermann D. Bauer

Hermann D. Bauer

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Co-Attorneys for the Financial Oversight 

and Management Board as Representative

for ERS

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 4 of 11
Exhibit A

Proposed Order

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 5 of 11
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

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

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 

Case No. 17 BK 3283-LTS

(Jointly Administered)

RE: ECF No. _____

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

ORDER (A) EXTENDING DEADLINES FOR FILING PROOFS OF 

CLAIM AND (B) APPROVING FORM AND MANNER OF NOTICE THEREOF

Upon the Debtors’ Response to (I) Motion for Extension of Bar Date to File Proofs of 

Claim and (II) Response of Official Committee of Unsecured Creditors (the “Debtors’ 

Response”);

2

and the Court having found it has subject matter jurisdiction over this matter 

pursuant to PROMESA section 306(a); and it appearing that venue in this district is proper 

pursuant to PROMESA section 307(a); and the Court having found that the relief requested in 

the Debtors’ Response is in the best interests of the Debtors, their creditors, and other parties in 

interest; and the Court having found that, based upon the relief requested in the Debtors’ 

Response, no further notice is required; and the Court having reviewed the Debtors’ Response; 

 

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

Bankruptcy Case numbers due to software limitations).

2 Capitalized terms not otherwise defined herein shall have the meanings given to them in the Debtors’ Response.

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 6 of 11
2

and the Court having determined that the legal and factual bases set forth in the Debtors’ 

Response establish just cause for the relief granted herein; and any objections to the relief 

requested herein having been resolved as set forth herein, or withdrawn or overruled on the 

merits; and after due deliberation and sufficient cause appearing therefor,

IT IS HEREBY ORDERED THAT:

1. In light of the Debtors’ Response, the Motion for Extension of Bar Date to File 

Proofs of Claim [Case No. 17-3566, ECF No. 278] and the Response of the Official Committee of 

Unsecured Creditors to Motion of Asociacion de Empleados Del Estado Libre Asociado for 

Extension of Bar Date to File Proofs of Claim and Request to Make Any Relief Granted 

Applicable to Creditors of All Debtors [Case No. 17-3566, ECF No. 280], and the relief 

requested therein, are rendered moot.

2. The General Bar Date, as defined in and set forth in the Order (A) Establishing 

Deadlines and Procedures for Filing Proofs of Claim and (B) Approving Form and Manner of 

Notice Thereof [Case No. 17-3283, ECF No. 2521] shall be extended to 4:00 p.m. (Atlantic

Standard Time on June 29, 2018 (the “Extended Bar Date”).

3. In accordance with Bankruptcy Rule 2002, the Debtors, through Prime Clerk are 

authorized and directed to cause a copy of a notice, substantially in the form attached hereto as 

Attachment 1, to be published once, as soon as practicable under the circumstances after the 

entry of this Order, in (a) El Nuevo Día in Spanish (primary circulation is in Puerto Rico), (b) 

Caribbean Business in English (primary circulation is in Puerto Rico), (c) El Diario and El 

Nuevo Herald, both in Spanish (primary circulation is in New York and Miami, respectively),

and (d) The Bond Buyer.

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 7 of 11
3

4. The Debtors, through Prime Clerk, are authorized and directed to cause no less 

than fourteen radio advertisements, alerting listeners of the Extended Bar Date, to be aired as 

soon as practicable under the circumstances following the entry of this Order for a seven-day 

period, on (a) WMEG FM (contemporary hit radio) in Spanish and (b) WKAQ AM (Spanish 

language talk radio) in Spanish.

5. Nothing herein is intended to, shall constitute, or shall be deemed to constitute the 

Debtors’ or the Oversight Board’s consent, pursuant to PROMESA section 305, to this Court’s 

interference with (a) any of the political or governmental powers of the Debtors, (b) any of the 

property or revenues of the Debtors, or (c) the use or enjoyment of the Debtors of any incomeproducing property.

6. Notwithstanding any applicability of any Bankruptcy Rule, the terms and 

conditions of this Order shall be immediately effective and enforceable upon its entry.

7. The Debtors and the Oversight Board, as the Debtors’ representative, have 

consented to the relief in this Order, and are authorized to take all actions, and to execute all 

documents, necessary or appropriate, to effectuate the relief granted in this Order, including, 

without limitation, in connection with re-leasing of the collection centers.

8. The Court retains exclusive jurisdiction to hear and determine any and all 

disputes related to or arising from the implementation, interpretation and enforcement of this 

Order.

Dated: _______________, 2018 ____________________________________

Honorable Laura Taylor Swain

United States District Judge

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 8 of 11
Attachment 1

Form of Publication Notice

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 9 of 11
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.

PROMESA

Title III 

Case No. 17 BK 3283-LTS

(Jointly Administered)

FORM OF PUBLICATION 

NOTICE OF EXTENDED DEADLINES FOR FILING PROOFS OF CLAIM 

DEADLINE EXTENSION

TO ALL CREDITORS OF THE DEBTORS, AND TO OTHER PARTIES IN INTEREST,

PLEASE TAKE NOTICE OF THE FOLLOWING:

The Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”) has 

filed voluntary petitions under section 304(a) of Puerto Rico Oversight, Management, and 

Economic Stability Act (“PROMESA”), 6initiating Title III cases under PROMESA (each, a 

“Title III Case” and collectively, the “Title III Cases”) for the debtors listed below (each, a 

“Debtor” and collectively, the “Debtors”). You may be a creditor of one of the Debtors, and 

you may be required to file a proof of claim (“Proof of Claim”). 

The deadline to file a proof of claim has been extended to June 29, 2018 at 4:00 p.m. 

(Atlantic Time).

If you have already filed a Proof of Claim, no further action is required unless directed by 

court order, notice, or otherwise. 

A list of the names of the Debtors, their case numbers, and the commencement date of the 

Debtors’ Title III Cases is as follows:

Title III Cases Federal Tax 

ID No. Case No. Commencement Date

Commonwealth of Puerto Rico 3481 17 BK 3283 May 3, 2017

Puerto Rico Sales Tax Financing 

Corporation (“COFINA”)

8474 17 BK 3284 May 5, 2017

 

6

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

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 10 of 11
2

Title III Cases Federal Tax 

ID No. Case No. Commencement Date

Employees Retirement System of the 

Government of the Commonwealth of Puerto 

Rico (“ERS”)

9686 17 BK 3566 May 21, 2017

Puerto Rico Highways and Transportation 

Authority (“HTA”)

3808 17 BK 3567 May 21, 2017

Puerto Rico Electric Power Authority 

(“PREPA”)

3747 17 BK 4780 July 2, 2017

Key Points

 In a Title III proceeding under PROMESA, creditors may be required to file claim forms 

stating the amount of money owed to them as of the day the Title III proceeding was 

filed. This document explains how to file claims.

 Many creditors in the Title III Cases are not required to file a claim. For more 

information, please refer to Claims Agent’s website at 

https://cases.primeclerk.com/puertorico/, call the Claims Agent at (844) 822-9231 (toll 

free for U.S. and Puerto Rico) or (646) 486-7944 (for international callers), available 

10:00 a.m. to 7:00 p.m. (Atlantic Standard Time) (Spanish available), or email at 

puertoricoinfo@primeclerk.com.

 If you are not required to file a claim, you do not need to complete and return a 

claim form, and you will still keep your rights to vote on a plan of adjustment and 

receive payments under the plan. A plan of adjustment is a document that explains how 

a Debtor proposes to pay the amounts it owes to its creditors. Once filed, this plan will 

be available for creditors to review. Who gets to vote on the plan will be determined at a 

later date. The amount you may receive under the plan also will be determined later.

 If you are required to file a claim against any of the Debtors, the deadline to do so 

has been extended to June 29, 2018 at 4:00 p.m., Atlantic Standard Time. To obtain a 

form that you may use to file your claim, refer to the contact information below. 

 Claims may be filed by (a) electronically filing on the Claims Agent’s website at 

https://cases.primeclerk.com/puertorico/EPOC-Index, or (b) mail or hand delivery to the 

addresses provided in Section 6 of this document.

After reading this notice, if you require additional information, you may contact the Claims 

Agent at (844) 822-9231 (toll free for U.S. and Puerto Rico) or (646) 486-7944 (for international 

callers), available 10:00 a.m. to 7:00 p.m. (Atlantic Standard Time) (Spanish available), or by

email at puertoricoinfo@primeclerk.com. Please note that the people answering the phone 

number are not able to provide legal advice. If you have questions about your legal rights, 

including whether you need to file a claim, you should talk to an attorney.

Case:17-03283-LTS Doc#:3150 Filed:05/25/18 Entered:05/25/18 14:54:55 Desc: Main

Document Page 11 of 11