1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

IN RE:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO 

RICO, 3283-LTS

as a representative of 

THE COMMONWEALTH OF 

PUERTO RICO, et al.,

Debtors

PROMESA

TITLE III

NO. 17 BK 3283-LTS

(Jointly Administered)

INFORMATIVE MOTION REGARDING EXCUSABLE NEGLECT

PURSUANT TO FED. R. BANKR. P. 9006(b)(1)

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

COME NOW, 2) José A. Álvarez Galarza, 4) José Ángel Betancourt Castellano, 20) Juan 

Manuel Cruz Morales, 27) Domingo Fantauzzi Ramos, 31) Leonardo García Pacheco, 33) Luis A. 

García Serrano, 43) Nelson López Laboy, 47) Benjamín Morales Pagán, 51) Henry Orta Vázquez,

52) Arnaldo L. Ortiz Mateo, 54) Jaime Luis Osorio Cepeda, 62) Francisco Reyes Colón, 70)

Roberto Rodríguez-Rodríguez, 72) Pedro Ruiz Delgado, 76) Carmelo Santiago Otero, 77) Antonio

Santiago Vargas, and 88) Rainiero Vázquez Fontán1 (hereinafter, “Claimants”), through the 

undersigned counsel, and very respectfully set forth and pray as follows:

1. Claimants had until Monday, August 14, 2023, at 4:00 P.M. to file a response to Debtors’ 

Five-Hundred Ninety-Second Omnibus Objection (DE No. 24760), pursuant to the Honorable 

Court’s orders. 

Case:17-03283-LTS Doc#:24920 Filed:08/18/23 Entered:08/18/23 16:02:00 Desc: Main

Document Page 1 of 4
2

2. Despite having prepared its response in a timely manner, at the time of filing, Claimants 

counsel mistakenly believed that he would be able to file the response before this Honorable Court 

after creating a PACER account for the Bankruptcy Court and completing the brief “training”

required to do so. However, after satisfying both requirements, to Claimants’ surprise, counsel was 

informed that his registration and authorization to file before this Honorable Court would be 

completed between 24-48 hours, past the 4:00 p.m. filing deadline. 

3. By the time Claimants found out about the 24–48-hour waiting period, it was too late to 

travel to the Court and file the response physically. Furthermore, well into the night of August 14, 

2023, Claimants attempted to find additional counsel, with all due credentials and permissions to 

file, to help resolve the issue. Despite their many efforts, however, Claimants were unsuccessful 

in this endeavor.

4. For the reasons set forth above, the day after, On August 15, 2023, Claimants attempted to 

respectfully move the Court to accept the late filing of the Opposition to Debtors’ Five-Hundred 

Ninety-Second Omnibus Objection, by filing it physically, alongside the present motion, pursuant 

to Fed. R. Bankr. P. 9006(b)(1), which reads as follows:

Except as provided in paragraphs (2) and (3) of this subdivision, when an act is 

required or allowed to be done at or within a specified period by these rules or by a 

notice given thereunder or by order of court, the court for cause shown may at 

any time in its discretion (1) with or without motion or notice order the period 

enlarged if the request therefor is made before the expiration of the period originally 

prescribed or as extended by a previous order or (2) on motion made after the 

expiration of the specified period permit the act to be done where the failure to 

act was the result of excusable neglect. (emphasis added)

5. At the time of filing said motion physically at the Clerk’s office of this Court, the 

undersigned was advised that most likely said motions were to be disallowed as “defective filing”

since only none-attorneys can file physically while attorneys need to do so electronically. Since at 

the time of the physical filing the undersigned still had not received the necessary credentials to 

Case:17-03283-LTS Doc#:24920 Filed:08/18/23 Entered:08/18/23 16:02:00 Desc: Main

Document Page 2 of 4
3

make electronic filings, in an exercise of an abundance of caution, the physical filing was 

attempted. Unfortunately, true to the Clerk’s Office admonishment, the motions were rejected as 

“defective filing”. See, Docket entry 24892.

6. Claimants respectfully contend that the excusable neglect being alleged complies with the 

non-exclusive factors set forth by case law. First, no danger of prejudice is being caused to the 

non-moving party, as the late filing does not affect the Debtors’ ability to present a timely response 

before the upcoming hearing on the matter scheduled for August 30, 2023, at 9:30 A.M., pursuant 

to the Honorable Court’s orders. Second, the length of the delay is minimal, and would have no 

foreseeable impact on judicial proceedings or the upcoming hearing on August 30th. Third, the 

reason for the delay (waiting period of 24-48 hours for ability to file after completing the required 

PACER training), while somewhat attributable to Counsel’s ignorance on how long it takes to gain 

access to the Bankruptcy Court’s electronic filing system, is still not a factor that is clearly 

informed (as far as counsel could find) in any training module or other District Court document. 

Fourth, Claimants’ failure to comply with the deadline was due to an honest error on its part and 

in no way constitutes bad faith; on the contrary, Claimants, in good faith, believed that they were 

perfectly on time to file their opposition, only to be surprised with a lengthy delay in their ability 

to file electronically. Claimants’ good faith extends to the current prayer for excusable neglect, as 

set forth in this motion. See, Pioneer Inv. Servs. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 

388, 395, 400, (1993). 

7. Considering the foregoing, Claimants respectfully move the Honorable Court to accept 

their Opposition to Debtors’ Five-Hundred Ninety-Second Omnibus Objection, jointly filed with 

this motion, despite the slight delay in its filing due to Claimants’ excusable neglect.

RESPECTFULLY SUBMITTED

Case:17-03283-LTS Doc#:24920 Filed:08/18/23 Entered:08/18/23 16:02:00 Desc: Main

Document Page 3 of 4
4

I HEREBY CERTIFY that the present motion will be electronically filed by Clerk of the 

Court using the CM/ECF System and that it will send notification of such filing to all parties at the 

time of filing.

In Guaynabo, Puerto Rico, this 18

th day of August 2023.

 s/ Humberto Guzmán-Rodríguez, Esq.

HUMBERTO GUZMÁN- RODRÍGUEZ

USDC-PR 128308

PMB 733 

1353 Luis Vigoreaux Ave. 

Guaynabo, PR 00966

Tel: (787) 403-2292

hguzman@grllaw.net

Case:17-03283-LTS Doc#:24920 Filed:08/18/23 Entered:08/18/23 16:02:00 Desc: Main

Document Page 4 of 4