UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

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In re: : 

 : 

THE FINANCIAL OVERSIGHT AND : PROMESA 

MANAGEMENT BOARD FOR PUERTO RICO, : Title III 

 : 

 as representative of : Case No. 17-BK-3283 (LTS) 

 : 

THE COMMONWEALTH OF PUERTO RICO et al., : (Jointly Administered) 

 : 

Debtors.1

 : 

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URGENT MOTION OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR 

LEAVE TO EXCEED PAGE LIMITS IN ITS OMNIBUS REPLY TO OBJECTIONS TO 

COMMITTEE’S URGENT MOTION, PURSUANT TO BANKRUPTCY CODE 

SECTIONS 105(a) AND 362, FOR ENTRY OF ORDER ENFORCING AUTOMATIC 

STAY AND COURT’S JUNE 29, 2017 ORDER CONFIRMING APPLICATION OF 

AUTOMATIC STAY WITH RESPECT TO GDB RESTRUCTURING

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

The Official Committee of Unsecured Creditors of all Title III Debtors (other than 

COFINA) (the “Committee”) respectfully submits this urgent motion (the “Urgent Motion”) 

requesting entry of an order, substantially in the form of Exhibit A, allowing it to exceed the 

fifteen page limit set forth in the Sixth Amended Notice, Case Management and Administrative 

Procedures [Docket No. 3804-1] (“Case Management Procedures”) for the Committee’s 

 

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), (ii) 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), (iii) Puerto Rico Highways and Transportation Authority 

(“HTA”) (Bankruptcy Case No. 17-BK-3567 (LTS)) (Last Four Digits of Federal Tax ID: 3808), (iv) 

Puerto Rico Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case No. 17-BK-3284 (LTS)) 

(Last Four Digits of Federal Tax ID: 8474), and (v) Puerto Rico Electric Power Authority (“PREPA”) 

(Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 3747).

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omnibus reply (the “Omnibus Reply”) to the objections (the “Objections”)2

 filed to the Urgent 

Motion of Official Committee of Unsecured Creditors, Pursuant to Bankruptcy Code Sections 

105(a) and 362, for Entry of Order Enforcing Automatic Stay and Court’s June 29, 2017 Order 

Confirming Application of Automatic Stay with Respect to GDB Restructuring [Docket No. 

3797] (the “Stay Motion”), and respectfully represents as follows: 

JURISDICTION AND VENUE 

1. The United States District Court for the District of Puerto Rico has subject matter 

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

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

BASIS FOR RELIEF REQUESTED 

3. On August 22, 2018, the Committee filed its Stay Motion. Two (2) separate 

Objections were filed in response to the Rule 2004 Motion, one on Wednesday, August 29, 2018, 

and one on Friday, August 31, 2018. The combined briefing of the two Objections totaled 

approximately thirty-nine (39) pages. 

4. Pursuant to the Court’s order expediting consideration of the Stay Motion, the 

Committee’s deadline to reply to the Objections is September 6, 2018 at 12:00 p.m. (AST). 

5. Pursuant to Paragraph I.E of the Case Management Procedures, memoranda of 

law in support of replies are limited to fifteen (15) pages unless prior permission has been 

granted. 

 

2

 See Objection of the Government Development Bank for Puerto Rico and the Puerto Rico Fiscal Agency and 

Financial Advisory Authority to the Urgent Motion of Official Committee of Unsecured Creditors, Pursuant to 

Bankruptcy Code Sections 105(a) and 362, for Entry of Order Enforcing Automatic Stay and Court’s June 29, 

2017 Order Confirming Application of Automatic Stay with Respect to GDB Restructuring [Docket No. 3826, 

filed August 29, 2018]; Objection of Financial Oversight and Management Board for Puerto Rico to Urgent 

Motion of Official Committee of Unsecured Creditors, Pursuant to Bankruptcy Code Sections 105(a) and 362, 

for Entry of Order Enforcing Automatic Stay and Court’s June 29, 2017 Order Confirming Application of 

Automatic Stay with Respect to GDB Restructuring [Docket No. 3845, filed August 31, 2018]. 

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6. In the interest of efficiency and for the convenience of the Court, the Committee 

intends to file a single Omnibus Reply combining the Committee’s replies to each of the two 

Objections. However, given the length of the Objections that are to be addressed in the Omnibus 

Reply and the complexity of the legal issues raised in the Objections, the Committee will not be 

able to meet the fifteen (15) page limit for such a combined reply brief. 

7. Accordingly, the Committee respectfully seeks to file a single, coordinated 

Omnibus Reply that will not exceed twenty (20) pages in length, exclusive of the cover page, 

table of contents, table of authorities, signature page, exhibits, and the certificate of service. 

8. The Committee submits that its request is reasonable and appropriate in light of 

the circumstances described above. 

9. Pursuant to Section I.H. of the Sixth Amended Notice, Case Management and 

Administrative Procedures [Docket No. 3804-1], undersigned counsel certifies that it has 

engaged in reasonable, good-faith communications with counsel to other interested parties. 

Moreover, in accordance with Local Bankruptcy Rule 9013-1(a)(2), undersigned counsel 

certifies that counsel has carefully examined the matter and concluded that there is a true need 

for expedited consideration of the Urgent Motion, and that the movant has not created the 

urgency through lack of due diligence on its part. The undersigned further certifies that movant 

made a bona fide and good faith effort to resolve the matter without a hearing. Counsel 

conferred with counsel for GDB, AAFAF, and the Oversight Board regarding the Urgent 

Motion, and neither counsel to GDB/AAFAF nor counsel for the Oversight Board object to 

the relief requested in the Urgent Motion. 

NOTICE 

10. Notice of this Motion has been provided to the following entities, or their counsel, 

if known: (i) the U.S. Trustee; (ii) the Office of the United State Attorney for the District of 

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Puerto Rico; (iii) the Oversight Board; (iv) the Puerto Rico Fiscal Agency and Financial 

Advisory Authority; (v) the official committee of retirees; (vi) the insurers of the bonds issued or 

guaranteed by the Debtors; (vii) counsel to certain ad hoc groups of holders of bonds issued or 

guaranteed by the Debtors;3

 and (viii) all parties that have filed a notice of appearance in the 

Title III Cases. 

NO PRIOR REQUEST 

11. No previous request for the relief sought herein has been made by the Committee 

to this or any other court. 

[Remainder of page intentionally left blank.] 

 

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 Which include the Mutual Fund Group, the Ad Hoc Group of General Obligation Bondholders, the 

COFINA Senior Bondholders’ Coalition, and the QTCB Noteholder Group, each as such group is defined 

at Docket Nos. 28, 68, 216, and 134, respectively. 

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 WHEREFORE, the Committee respectfully requests that this Court enter an order 

substantially in the form attached hereto as Exhibit A, granting the relief requested herein and 

such other and further relief as this Court deems appropriate. 

Dated: September 5, 2018 

 

/s/ Luc A. Despins .

PAUL HASTINGS LLP 

Luc. A. Despins, Esq. (Pro Hac Vice) 

James R. Bliss, Esq. (Pro Hac Vice)

G. Alexander Bongartz, Esq. (Pro Hac Vice) 

Nicholas A. Bassett, Esq. (Pro Hac Vice) 

200 Park Avenue 

New York, New York 10166 

Telephone: (212) 318-6000 

lucdespins@paulhastings.com 

jamesbliss@paulhastings.com 

alexbongartz@paulhastings.com 

nicholasbassett@paulhastings.com 

Counsel to the Official Committee of Unsecured 

Creditors

- and - 

/s/ Juan J. Casillas .

CASILLAS, SANTIAGO & TORRES LLC 

Juan J. Casillas Ayala, Esq., USDC - PR 218312 

Diana M. Batlle-Barasorda, Esq., USDC - PR 

213103 

Alberto J. E. Añeses Negrón, Esq., USDC - PR 

302710 

Ericka C. Montull-Novoa, Esq., USDC - PR 230601 

El Caribe Office Building 

53 Palmeras Street, Ste. 1601 

San Juan, Puerto Rico 00901-2419 

Telephone: (787) 523-3434 

jcasillas@cstlawpr.com 

dbatlle@cstlawpr.com 

aaneses@cstlawpr.com 

emontull@cstlawpr.com 

Local Counsel to the Official Committee of 

Unsecured Creditors

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