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) 

THE OFFICIAL COMMITTEE OF UNSECURED 

CREDITORS OF THE COMMONWEALTH OF 

PUERTO RICO, 

as agent of 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of 

THE COMMONWEALTH OF PUERTO RICO, 

Plaintiff, 

v. 

BETTINA WHYTE, 

as agent of 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of 

THE PUERTO RICO SALES TAX FINANCING 

CORPORATION, 

Defendant. 

Adv. Proc. No. 17-00257-LTS 

 

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 

(“Commonwealth”) (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 (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 (Bankruptcy Case No. 17 BK 3566-LTS) (Last Four Digits of 

Federal Tax ID: 9686); and (v) Puerto Rico Electric Power Authority (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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URGENT MOTION BY AAFAF FOR ENTRY OF AN ORDER AUTHORIZING THE 

SEALING OF BANK ACCOUNT NUMBERS 

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

The Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), as the 

entity authorized to act on the Debtor entities’ behalf under the Enabling Act of the Fiscal 

Agency and Financial Advisory Authority, Act 2-2017, respectfully requests the entry of an 

order, substantially in the form attached as Exhibit A (the “Proposed Order”), authorizing the 

public filing of the following documents with the bank account numbers stated therein redacted: 

• The COFINA Agent’s Reply to the Commonwealth Agent’s Counter-Statement of 

Additional Undisputed Material Facts [ECF No. 401] (“COFINA Agent’s Reply 

Statement”) at pages 7 and 10. 

• The Reply Statement of Undisputed Material Facts of the COFINA Senior 

Bondholders’ Coalition [ECF No. 389] (“Senior Bondholders’ Reply Statement”) at 

pages 6 and 8. 

• Mutual Fund Group and Puerto Rico Funds’ Response to Commonwealth Agent’s 

Counter-Statement of Additional Undisputed Facts [ECF No. 395] (“Mutual Fund 

Groups’ Reply Statement”) at 6 and 8.2

The bank account numbers in each of these Reply Statements appear in quotations from the 

Commonwealth Agent’s Responses to (I) the COFINA Agent’s Statement of Undisputed Material 

Facts, (II) the COFINA Senior Bondholders’ Statement of Undisputed Material Facts, and (III) 

the Mutual Fund Group’s and Puerto Rico Funds’ Statement of Undisputed Material Facts, and 

 

2

 Unless otherwise stated, all citations to the docket refer to the above captioned matter, Adv. Proc. No. 17-00257-

LTS. Pursuant to paragraph 12 of the Stipulation and Order for the Production and Exchange of Confidential 

Information, entered on October 10, 2017 [ECF No. 56] (the “Protective Order”), the Reply Statements were filed in 

a redacted format. 

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Counter-Statement of Additional Undisputed Material Facts [ECF No. 371] (“Commonwealth’s 

Counter-Statement”). On March 21, 2018, non-party Banco Popular de Puerto Rico (“Banco 

Popular”)—on behalf of itself and pursuant to the request of AAFAF, the Department of 

Treasury (“Treasury”), the Government Development Bank of Puerto Rico (“GDB”), and 

COFINA—filed the Urgent Motion of Banco Popular de Puerto Rico to Seal Certain 

Confidential Information [ECF No. 387] (“Banco Popular’s Motion to Seal”), which seeks to 

seal the same bank account numbers. See, e.g., ECF No.387 ¶¶ 19(f), 23, 25. No party filed an 

opposition to Banco Popular’s Motion to Seal. For all the reasons stated herein and in Banco 

Popular’s Motion to Seal, the Court should also authorize the redaction of the bank account 

numbers from the Reply Statements. In support of this motion, AAFAF respectfully states as 

follows:

JURISDICTION AND VENUE 

1. The United States District Court for the District of Puerto Rico (the “Court”) has 

subject matter jurisdiction over this matter pursuant to PROMESA section 306(a). 

2. Venue is proper pursuant to PROMESA section 307(a). 

BASIS FOR RELIEF REQUESTED 

3. Pursuant to Local Bankruptcy Rule 9018-1 and Protective Order paragraph 12, 

AAFAF requests that the Court authorize the filing of the Reply Statements with the bank account 

numbers redacted.3

 

4. While there is a general presumption of public access to court records, the 

Bankruptcy Code recognizes that the public’s interest in accessing court records must sometimes 

give way to the litigant’s interests and to public policy. Section 107(b) of the Bankruptcy Code 

 

3

 The Order Applying Local Bankruptcy Rules in Case No. 17-3283 (ECF. No. 249) makes Local Rule 9018-1 

applicable to this adversary proceeding. 

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provides: “On request of a party in interest, the bankruptcy court shall, and on the bankruptcy 

court’s own motion, the bankruptcy court may—(1) protect an entity with respect to a trade secret 

or confidential research, development, or commercial information . . .” If the Court determines 

that information at issue that falls within one of the categories enumerated in Bankruptcy Code 

Section 107(b), “protection is mandatory.” In re Gitto Global Corp., 422 F. 3d 1, 7 (1st Cir. 

2005); Video Software Dealers Ass'n v. Orion Pictures Corp. (In re Orion Pictures Corp.), 21 

F.3d 24, 27 (2d Cir. 1994) (“the court is required to protect a requesting interested party and has 

no discretion to deny the application.”). In such cases, “[o]n motion or on its own initiative, with 

or without notice, the court may make any order which justice requires [] to protect the estate or 

any entity in respect of a trade secret or other confidential research, development, or commercial 

information . . .” Fed. R. Bankr. P. 9018. 

5. AAFAF merely seeks to redact the bank account numbers from the Reply 

Statements. “[B]ank account numbers . . . may properly be considered confidential information” 

and, therefore, courts have ordered parties to redact such information. In re Gitto Global Corp. 

321 B.R. 367, 376 (Bankr. D. Mass. 2005); see also In re Gitto Global Corp., 422 F.3d at 5 

(noting that bank account numbers were redacted under section 107(b)(1) as confidential 

information); In re Oldco M Corp.,466 B.R. 234, 238 (Bankr. S.D.N.Y. 2012) (ordering 

redactions because “the Settlement Agreement contains bank account and routing numbers that 

appear to be entitled to protection [under section 107(b)].)” Here the redaction of the bank 

account numbers is particularly appropriate since none of the parties are relying on those numbers 

to support their arguments. See, e.g., Madison Services Co., LLC v. Gordon, No. 09–cv–02369–

MSK–KMT, 2010 WL 3529588 at *3 (D. Col. 2010) (sealing bank account statement on which 

the court did not rely); Fid. Nat'l Fin., Inc. v. Attachmate Corp., No. 3:15-CV-1400-J-20PDB, 

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2016 WL 9526337, at *1 (M.D. Fla. Nov. 7, 2016) (“The presumption [of public access] applies 

to materials used to invoke judicial resolution on the merits but not to discovery documents 

irrelevant to the underlying issues.”). 

NOTICE 

6. Pursuant to the Third Amended Case Management Procedures sections II.A. and 

F., AAFAF will provide notice of this motion on the date hereof via overnight delivery to the 

Standard Parties, as defined in the Third Amended Case Management Procedures section II.A.: 

(i) the Chambers of the Honorable Laura Taylor Swain; (ii) the Chambers of the Honorable 

Judith Gail Dein; (iii) the Office of the United States Trustee for Region 21; (iv) counsel for the 

FOMB; (v) counsel for the Unsecured Creditors Committee in the Commonwealth Title III Case; 

(vi) the parties to the Adversary Proceeding; and (vii) any party that has requested notice under 

Bankruptcy Rule 2002 and Local Rule 2002-2. 

7. AAFAF submits that no other or further notice is necessary under the 

circumstances. 

NO PRIOR MOTION 

8. AAFAF has not made any prior motion for the relief sought in this motion to this 

Court or any other. 

CERTIFICATION IN COMPLIANCE WITH THE THIRD AMENDED CASE 

MANAGEMENT PROCEDURES AND LOCAL RULE 9013-1 

9. Pursuant to Local Rule 9013-1 and paragraph I.H of the First Amended Case 

Management Procedures, AAFAF hereby certifies that it has (a) carefully examined the matter 

and concluded that there is a true need for an urgent hearing; (b) not created the urgency through 

any lack of due diligence; (c) made a bona fide effort to resolve the matter without a hearing; (d) 

made reasonable, good-faith communications in an effort to resolve or narrow the issues that are 

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being brought to the Court; and (e) conferred with the parties, who do not oppose the relief 

requested herein. 

WHEREFORE, AAFAF respectfully requests that the Court enter an order permitting the 

COFINA Agent’s Reply Statement [ECF No. 401], the Senior Bondholders’ Reply Statement 

[ECF No. 389], and the Mutual Fund Groups’ Reply Statement [ECF No. 395] to be publicly 

filed with the bank account numbers redacted. 

Dated: March 28, 2018 

 San Juan, Puerto Rico 

Respectfully submitted, 

/s/ Peter Friedan 

John J. Rapisardi 

Suzzanne Uhland 

Peter Friedman 

Daniel L. Cantor 

(Admitted Pro Hac Vice)

O’MELVENY & MYERS LLP 

7 Times Square 

New York, NY 10036 

Tel: (212) 326-2000 

Fax: (212) 326-2061 

Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory Authority 

/s/ Mohammad S. Yassin

Mohammad S. Yassin 

USDC-PR Bar No. 302909 

PUERTO RICO FISCAL AGENCY AND 

FINANCIAL ADVISORY AUTHORITY 

Robert Sánchez Vilella (Minillas) 

Government Center 

De Diego Avenue, Stop 22 

San Juan, Puerto Rico 00907 

Tel: (787) 722-2525 

Fax: (787) 721-1443 

Chief Legal and Regulatory Officer 

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