Hearing Date: March 7th, 2018, at 9:30 a.m.

 Objection Deadline: February 28, 2018.

UNITED STATES BANKRUPTCY 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

Debtor

PROMESA, Title III

Case No. 17-BK-3283 (LTS)

MOTION REQUESTING RELIEF FROM AUTOMATIC STAY

TO THE HONORABLE COURT:

COMES NOW, Mitsubishi Motor Sales of Caribbean, Inc. (“MMSC”), plaintiff in a 

civil action filed before the Puerto Rico Court of First Instance, San Juan Section, civil action 

styled Mitsubishi Motor Sales of Caribbean, Inc. v. Hon. Raul Maldonado Gautier, as Secretary 

of the Puerto Rico Treasury Department, et al., Civil No. KCO 2016-0026 (903), regarding a

request for declaratory judgment and refund of excise taxes paid in excess by MMSC which has 

been stayed pursuant to Title III of PROMESA, by and through the undersigned legal counsel, 

seeking relief from the automatic stay to allow the continuation of the above-mentioned civil

action, on the grounds that there is cause under Section 362(d)(1) of the United States 

Bankruptcy Code (“USBC”) to lift the stay as to the entering of a declaratory judgment since it 

only entails a pronouncement from the Court regarding applicable Law, and that there is also 

cause under the same section of the USBC regarding the refund of excise taxes paid in excess by 

MMSC, in as much as the local court can be specifically directed that the lift from the automatic 

stay be solely permitted for the refund of excise taxes paid in excess by MMSC in the form of a 

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credit granted to MMSC for the payment of future excise taxes to the Puerto Rico Treasury 

Department.

A Memorandum in support of this Motion is included herein. A proposed Order is also 

included herein.

RESPECTFULLY SUBMITTED.

CERTIFICATION

MMSC AND THE UNDERSIGNED CERTIFY that on October 6, 2017, MMSC gave 

notice to the Financial Oversight and Management Board for Puerto Rico (“FOMB”) and to the 

Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”) of its intent to seek 

relief from the automatic stay, in compliance with the requirements of the “Second Amended 

Notice, Case Management and Administrative Procedures” and, on October 27, 2017, MMSC 

received a response from legal counsel for the Justice Department/Commonwealth of Puerto 

Rico, declining MMSC’s request to modify the stay “due to the early procedural stage of the 

action”. Consequently, after having complied with the corresponding requirements, MMSC 

herein respectfully appears before this Honorable Bankruptcy Court requesting relief from the 

automatic stay pursuant to Section 362 of the USBC, 11 U.S.C § 362.

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that on his same date, we electronically filed the foregoing 

with the Clerk of the Court using the CM/ECF system, which will send notification of such filing 

to al CM/ECF participants in this case. We further certify that, on this same date, we served the 

foregoing upon all the Standard Parties as identified and defined at ¶ II of the PR USDC’s CMP 

Order, as amended on October 24, 2017 (Docket No. 1512 of Case No. 17-03283) “Third 

Amended Notice, Case Management and Administrative Procedures”.

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Case No. 17-BK-3283 (LTS) Hearing Date: March 7th, 2018, at 9:30 a.m.

“Motion Requesting Relief...” Objection Deadline: February 28, 2018.

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In San Juan, Puerto Rico, this 13

th day of February 2018.

BELK & GROVAS LAW OFFICES

PO Box 194927

San Juan, PR 00919-4927

Tel. (787) 754-2424/Fax (787) 754-2454 

E-mail: belkgrovas@gmail.com

BY: S/James Belk-Arce

JAMES BELK-ARCE

USDC-PR No. 130506

BY: S/Carlos J. Grovas-Porrata

CARLOS J. GROVAS-PORRATA

USDC-PR No. 209714

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