180620 FOURTH OMNIBUS MOTION GRANTING RELIEF FROM AUTOMATIC STAY VERSION JUNE 20, 2018 1 

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

No. 17 BK 3283-LTS

(Jointly Administered)

FOURTH OMNIBUS ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY

Upon the Debtors’ Fourth Omnibus Motion for Approval of Modifications to the 

Automatic Stay (the “Motion”);2 and the Court having found it has subject matter jurisdiction over 

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

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

Motion is in the best interests of the Debtors, their creditors, and other parties in interest; and the 

Court having found that the Debtors provided adequate and appropriate notice of the Motion under 

the circumstances and that no other or further notice is required; and the Court having reviewed 

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 used but not otherwise defined herein have the meanings given to them in 

the Motion. 

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180620 FOURTH OMNIBUS MOTION GRANTING RELIEF FROM AUTOMATIC STAY VERSION JUNE 20, 2018 2 

the Motion; and the Court having determined that the legal and factual bases set forth in the Motion 

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

appearing therefor, it is HEREBY ORDERED THAT:

1. The Motion is granted as set forth herein.

2. Pursuant to Bankruptcy Code sections 362(d)(1) and 105(a), made

applicable to the Title III cases by PROMESA section 301(a), the Title III Stay is modified as set 

forth in the attached Exhibit 1 for matters subject to prior stipulations among or between the 

applicable Debtor and counterparty(ies), nunc pro tunc to the dates specified therein.

3. All rights, defenses, and protections of each of the Debtors with respect to

any matters pending or that may arise in their respective Title III Cases, including the treatment of 

any claim arising from the matters set forth on Exhibit 1 hereof under a plan of adjustment or 

otherwise in the Title III Case are hereby reserved. Nothing in this Order or the Debtors’ consent 

to stay modification as set forth in the Motion shall be deemed to be, or construed as, (a) an 

admission by any party of any liability, wrongdoing, act, or matter or that any claim or defense has 

or lacks merit; (b) a waiver of the Debtors’ rights to dispute, contest, setoff, or recoup any claim, 

including any claims asserted in the subject actions, or assert any related rights, claims, or defenses 

and all such rights are reserved; or (c) an approval or assumption of any agreement or contract 

between the parties under Bankruptcy Code section 365. 

4. Notwithstanding any applicability of any Federal Rule of Bankruptcy

Procedure, the terms and conditions of this Order shall be immediately effective and enforceable 

upon its entry. 

5. The Court shall retain jurisdiction to hear and determine all matters

(a) arising from or related to the implementation, enforcement, or interpretation of this Order and

(b) concerning the execution or enforcement in the Title III cases of any judgment entered in a

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180620 FOURTH OMNIBUS MOTION GRANTING RELIEF FROM AUTOMATIC STAY VERSION JUNE 20, 2018 3 

prepetition ordinary course civil action where the Debtors agreed to modify or lift the Title III Stay 

to allow the action to proceed to judgment by the underlying court. 

6. This Order resolves docket entry no. 3320.

SO ORDERED.

Dated: June 20, 2018 

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

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