UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

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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)

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In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

 as representative of

PUERTO RICO ELECTRIC POWER AUTHORITY,

 Debtor.

PROMESA

Title III 

Case No. 17 BK 4780-LTS

This Motion relates only 

to PREPA, and shall be filed in 

Case No. 17 BK 3283-LTS and 

Case No. 17 BK 4780-LTS

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URGENT MOTION FOR EXTENSION OF DEADLINES

IN CONNECTION WITH THE FOURTH AMENDED NOTICE,

CASE MANAGEMENT AND ADMINISTRATIVE PROCEDURES

 

1

 The Debtors in the jointly-administered Title III cases, 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); (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).

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

The Puerto Rico Electric Power Authority (“PREPA”), by and through the Financial 

Oversight and Management Board for Puerto Rico (the “Oversight Board”), as PREPA’s 

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

Economic Stability Act (“PROMESA”),2respectfully submits this urgent motion (the “Motion”) 

for an extension of the deadlines set forth in Paragraphs III.G and I of the Fourth Amended 

Notice, Case Management and Administrative Procedures [Case No. 17-3283-LTS; ECF No. 

2389].

Background

1. On May 9, 2017, the Debtors filed a motion seeking to establish certain notice, 

case management, and administrative procedures for the Title III cases [Case No. 17-3283-LTS; 

ECF No. 43] (as amended, the “Case Management Procedures”). 

2. On June 2, 2017, the Court entered an order approving the Case Management 

Procedures [Case No. 17-3283-LTS; ECF No. 249], which was subsequently amended by an 

order of the Court on June 6, 2017 [Case No. 17-3283-LTS; ECF No. 262].

3. On June 29, 2017, the Oversight Board issued a restructuring certification 

pursuant to PROMESA sections 104(j) and 206, and on July 2, 2017, the Oversight Board filed a 

voluntary petition for relief for PREPA pursuant to section 304(a) of PROMESA, commencing a 

case under title III thereof (the “Title III Case”), and on October 6, 2017, the Court entered an 

order directing the joint administration of the Title III Case with those of the other Debtors [Case 

No. 17-04780-LTS; ECF No. 340].

 

2

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

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4. The Case Management Procedures were subsequently amended by orders of the 

Court on August 17, 2017, October 24, 2017, and April 4, 2018 [Case No. 17-3283-LTS; ECF 

Nos. 1065, 1512, 2389].

Relief Requested

5. Pursuant to Paragraph III.G of the Case Management Procedures, the deadline to 

file and serve motions to be heard at the omnibus hearing scheduled for June 6, 2018 (the 

“Omnibus Hearing”) was May 15, 2018. See Fourth Amended Case Management Procedures 

 III(G). In accordance with Paragraph III.I of the Case Management Procedures, subject to an 

order of the Court permitting otherwise, the deadline to file and serve objections to any motions 

to be heard at the Omnibus Hearing is May 22, 2018. See Fourth Amended Case Management 

Procedures  III(I).

6. Contemporaneously with the filing of this Motion, PREPA has filed PREPA’s 

Motion for Entry of (I) Bridge Order and (II) Order Pursuant to Rule 9006(b) of the Federal 

Rules of Bankruptcy Procedure Further Enlarging the Time Within Which to File Notices of 

Removal Pursuant to Bankruptcy Rule 9027 (the “Removal Extension Motion”), which seeks, 

pursuant to Rule 9006(b) of the Federal Rules of Bankruptcy Practice and Procedure (the 

“Bankruptcy Rules”), made applicable to the Title III Case pursuant to PROMESA section 310, 

entry of (i) a bridge order enlarging the time within which PREPA may file notices of removal 

pursuant to Bankruptcy Rule 9027(a) through the Court’s adjudication of the Removal Extension 

Motion, and (ii) an order further enlarging the time within which PREPA may file notices of 

removal pursuant to Bankruptcy Rule 9027(a).

7. As discussed in the Motion, PREPA’s deadline to file notices to remove certain 

civil proceedings pursuant to Bankruptcy Rule 9027(a) is June 1, 2018. PREPA was a party to 

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over 300 civil actions as of the Petition Date. In addition to addressing pressing matters in the 

aftermath of Hurricanes Irma and Maria, PREPA and its professionals have been focused on 

preparing PREPA’s fiscal plan and transformation plan and, therefore, have not yet been able to 

determine whether additional claims should be removed. In light of the pending deadline, 

PREPA needs additional time to review the civil actions to determine which other, if any, it 

intends to remove. Accordingly, PREPA respectfully requests a two-day extension of the 

deadline to file and serve pleadings to be heard at the Omnibus Hearing so that the Removal 

Extension Motion may be heard at the hearing. 

8. The danger of prejudice to any parties in interest and the potential impact on the 

Title III cases are minimal. To further eliminate any prejudice to parties in interest, PREPA has 

served the Removal Extension Motion on all required parties by overnight delivery and/or email 

and is willing to consent to an extension of the deadline to file an objection to the Removal 

Extension Motion by two (2) additional calendar days to May 24, 2018, so that parties in interest 

have the original amount of time set forth in the Case Management Procedures to respond to the 

motion. For the foregoing reasons, PREPA respectfully requests that the Court extend the 

deadline to file (a) the Removal Extension Motion to May 17, 2018 so it can be heard at the 

Omnibus Hearing and (b) any objections to the Removal Extension Motion to May 24, 2018 at 

4:00 p.m. (Atlantic Standard Time).

9. Finally, in light of the June 1 removal deadline in relation to the June 6 Omnibus 

Hearing, PREPA would like to highlight for the Court that the Removal Extension Motion seeks 

entry of a bridge order in advance of June 1, 2018. 

[Remainder of Page Intentionally Left Blank]

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WHEREFORE, PREPA respectfully requests the Court enter an order providing (i) a 

two-day extension of the deadline to file and serve pleadings to be heard at the Omnibus 

Hearing so that the Removal Extension Motion may be heard at the hearing, (ii) if the Court 

deems it necessary, an extension of the deadline to file an objection to the Removal Extension 

Motion by two (2) additional calendar days to May 24, 2018, and (iii) such other and further 

relief as the Court deems just and proper, including entry of a bridge order on the Removal 

Extension Motion prior to June 1, 2018.

Dated: May 17, 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 PREPA

/s/ Hermann D. Bauer 

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

205 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-1813

Fax: (787) 753-8944

Co-Attorneys for the Financial Oversight and 

Management Board as representative for PREPA

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