Objection Deadline: June 19, 2017 at 4:00 P.M. Eastern Time

Hearing Date: June 28, 2017 at 9:30 A.M.

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)

MOTION TO INFORM APPLICABLE OBJECTION DEADLINE OR, IN THE 

ALTERNATIVE, TO REQUEST EXTENSION OF TIME TO RESPOND TO 

DEBTORS’ MOTION (A) PROHIBITING UTILITIES FROM ALTERING, REFUSING 

OR DISCONTINUING SERVICE, (B) DEEMING UTILITIES ADEQUATELY 

ASSURED OF FUTURE PERFORMANCE, AND (C) ESTABLISHING PROCEDURES

FOR DETERMINING ADEQUATE ASSURANCE OF PAYMENT

TO THE HONORABLE UNITED STATES DISTRICT COURT JUDGE 

LAURA TAYLOR SWAIN:

COMES NOW, Puerto Rico Telephone Company d/b/a Claro (hereafter “Claro”), by 

and through its undersigned counsel, and respectfully requests as follows:

1. The Financial Oversight and Management Board for Puerto Rico (the “Oversight 

Board”) was established under section 101(b) of the Puerto Rico Oversight, Management, and 

Economic Stability Act (“PROMESA”)2on June 30, 2016. On August 31, 2016, President 

Barack Obama appointed the Oversight Board’s seven voting members.

2. Pursuant to section 315 of PROMESA, “[t]he Oversight Board in a case under 

this title is the representative of the debtor[s]” and “may take any action necessary on behalf of 

the debtor[s] to prosecute the case[s] of the debtor[s], including filing a petition under section 

 

1 The Debtors in these 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); and (ii) Puerto Rico Sales Tax Financing Corporation (Bankruptcy 

Case No. 17 BK 3284) (Last Four Digits of Federal Tax ID: 8474).

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

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304 of [PROMESA]...or otherwise generally submitting filings in relation to the case[s] with the

court.”

3. On September 30, 2016, the Oversight Board designated the Commonwealth of 

Puerto Rico (the “Commonwealth”) and the Puerto Rico Sales Tax Financing Corporation 

(“COFINA” and together with the Commonwealth, the “Debtors”) as covered entities under 

section 101(d) of PROMESA.

4. On May 3, 2017, the Oversight Board issued a restructuring certification pursuant 

to sections 104(j) and 206 of PROMESA, and filed a voluntary petition for relief for the 

Commonwealth in accordance to section 304(a) of PROMESA (the “Commonwealth PetitionDate”), commencing, thus, a case under title III thereof (the “Commonwealth’s Title III Case”).

5. On May 5, 2017, the Oversight Board issued a restructuring certification pursuant 

to sections 104(j) and 206 of PROMESA, and filed a voluntary petition for relief for COFINA in 

accordance to section 304(a) of PROMESA (the “COFINA Petition Date”, and jointly with the 

Commonwealth Petition Date, the “Petition Date”), commencing, thus, a case under title III 

thereof (“COFINA’s Title III Case” and together with the Commonwealth’s Title III Case, the 

“Title III Cases”).

6. On May 9, 2017, the Debtors filed a motion seeking the joint administration of the 

Title III Cases pursuant to section 304(g) of PROMESA and Rule 1015 of the Federal Rules of

Bankruptcy Procedure (the “Bankruptcy Rules”) (as made applicable to these Title III Cases 

by virtue of section 310 of PROMESA). See, Docket No. 41 of Case No. 17-03283 (LTS). The 

joint administration of the Title III Cases was authorized by this Court on June 1, 2017. See, 

Docket No. 242 of Case No. 17-03283 (LTS) and Docket No. 131 of Case No. 17-03284 (LTS).

7. The Debtors, by and through the Puerto Rico Fiscal Agency and Financial 

Advisory Authority (“AAFAF”), as the entity authorized to act on behalf of the Debtors pursuant 

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to the authority granted to it under the Enabling Act of the Fiscal Agency and Financial Advisory 

Authority, Act 2-2017, filed a motion on May 22, 2017 (the “Motion”) requesting an Order (a) 

prohibiting utilities from altering, refusing or discontinuing service, (b) deeming utilities 

adequately assured of future performance, and (c) establishing procedures for determining 

adequate assurance of payment pursuant to section 366 of the Bankruptcy Code (the “Code”).

See, Docket No. 210 of Case No. 17-03283 (LTS).

8. The Motion lists and designates Claro as one of those utility providers that will be 

affected by the relief sought therein. See, Docket No. 210 of Case No. 17-03283 (LTS) at page 

24.

9. Although the Motion does not specify the applicable response period for partiesin-interest to answer to its contents (as mandated by Local Bankruptcy Rule 9013-1(c)), pursuant 

to Local Bankr. R. 9013-1(c)(1), parties would have had a period of fourteen (14) days to 

respond to the Motion, which period would be due today.

10. On June 2, 2017, the Court issued the Order (a) Imposing and Rendering 

Applicable Local Bankruptcy Rules to these Title III Cases, (b) Authorizing Establishment of 

Certain Notice, Case Management, and Administrative Procedures, and (c) Granting Related 

Relief, which, among other things: (i) made the Local Bankruptcy Rules for the District of Puerto 

Rico applicable to the Title III Cases, (ii) scheduled the next five (5) omnibus hearings in these 

Title III proceedings, and (iii) set forth the applicable objection deadlines to any pleadings filed 

in these cases (the “CMP Order”). See, Docket No. 249 of Case No. 17-03283 (LTS).

11. According to the CMP Order, the objection deadline for any Pleading3“shall be

(i) 4:00 p.m. (Prevailing Eastern Time) on the date that is ten (10) calendar days before the 

 

3 The term “Pleadings” was defined in the CMP Order as “including, but not limited to, all notices, motions, 

applications, other requests for relief, all briefs, memoranda, affidavits, declarations, and other documents filed [in 

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applicable hearing date or (ii) any date otherwise ordered by the Court.” See, Docket No. 249-1

of Case No. 17-03283 (LTS) at page 10, ¶ III (I) (Emphasis supplied). The CMP Order further 

states that, “...all other Pleadings, except for those...specifically referenced in this Paragraph 

III.D...must be scheduled for an Omnibus Hearing [date]”. See, Docket No. 249-1 of Case 

No. 17-03283 (LTS) at page 9, ¶ III (D) (Emphasis supplied). Finally, the CMP Order clarifies 

that, in the event of a conflict between the terms of the CMP Order, the Federal Bankruptcy 

Rules, the Local District Court Rules, or the Local Bankruptcy Rules, the CMP Order shall 

prevail. See, Docket No. 249 at page 2, ¶ 4.

12. The next omnibus hearing date is currently scheduled for June 28, 2017 at 9:30 

A.M. See, Docket No. 249-1 of Case No. 17-03283 (LTS) at page 9, ¶ III (A). Pursuant to the 

terms of the CMP Order, the applicable objection deadline to respond to the Motion would be

June 19, 2017 at 4:00 P.M. eastern time.

4

13. While Claro believes that the CMP Order supersedes the 14-day objection period

set forth at Local Bankr. R. 9013-1(c)(1), in the event that this Court were to understand 

otherwise, and out of an abundance of caution, Claro respectfully prays this Court for an 

extension of time of fourteen (14) days, that is, until June 19, 2017 at 4:00 P.M. Eastern Time, to 

submit its response to the Motion.

14. Claro intends to use this period of time to continue discussions with the Debtors 

for resolution of any potential issues or controversies surrounding the Motion in order to avoid 

having to expend the Court’s time and resources on these matters.

 

the Title III Cases] in support of such papers seeking relief”. See, Docket No. 249-1 of Case No. 17-03283 (LTS) at 

page 3, ¶ I (B).

4 The deadline is extended by an additional day pursuant to Fed. R. Bankr. P. 9006.

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15. The requested relief has been filed in good faith, is in the best interest of all 

parties-in-interest and will not unduly delay the instant proceedings. Furthermore, a proposed 

Order has been submitted as Exhibit A.

WHEREFORE, Claro respectfully informs and requests this Court to take note that the 

applicable objection deadline to respond to the Motion (Docket No. 210) expires on June 19, 

2017 at 4:00 P.M. eastern time, or, in the alternative, that Claro be afforded a fourteen (14) day 

extension of time to respond thereof, that is, until June 19, 2017 at 4:00 P.M. Eastern Time.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 5

th day of June, 2017.

WE HEREBY CERTIFY that on this 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 all 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 CMP Order

(Docket No. 249), as well as upon all of the parties identified in the Master Service List 

maintained at https://cases.primeclerk.com/puertorico/.

MCCONNELL VALDÉS LLC

Attorneys for Puerto Rico Telephone Company d/b/a Claro

270 Muñoz Rivera Avenue, Suite 7

Hato Rey, Puerto Rico 00918

PO Box 364225

San Juan, Puerto Rico 00936-4225

Telephone: 787-250-5604

Facsimile: 787-759-9225

By: s/Antonio A. Arias

Antonio A. Arias

USDC-PR No. 204906

aaa@mcvpr.com

By: s/Nayuan Zouairabani

Nayuan Zouairabani

USDC No. 226411

Email: nzt@mcvpr.com

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