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.

NO. 17-BK-3283 (LTS)

PROMESA TITLE III

Re: ECF 2897

STATEMENT OF THE ISSUES TO BE PRESENTED ON APPEAL AND 

DESIGNATION OF THE RECORD TO BE CERTIFIED AND MADE AVAILABLE TO 

THE FIRST CIRCUIT CLERK

TO THE HONORABLE COURT:

Comes now the certified class of Plaintiffs (“Movants”) represented by the undersigned 

Counsel and pursuant Rule 6(B) of Appellate Procedure, submit the following:

1. Statement of issues to be presented on Appeal:

i. Whether the District Court erred in denying in part Plaintiffs’ motion for relief of 

stay, when all the funds subject to the stay were not the property of debtor’s estate, 

but belonged to Plaintiffs’ class and the Commonwealth had only taken the funds

in custody to return them to the owners, but retained and escheated them without 

giving the owners adequate constitutional notice, of their right to claim the funds 

making void the escheat of the funds.

ii. Whether the District Court erred in denying Plaintiffs’ motion for lift of stay as to 

reimbursements from 2006 to 2010, when said funds were not the property of

debtor’s estate, but belonged to Plaintiffs’ class and the Commonwealth had only 

taken said refunds in custody as a trustee to return them to the owners and said 

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funds had not escheated, but the Commonwealth retained them and kept them in 

a separate account without giving the owners adequate constitutional notice of 

their right to claim the funds.

2. Designations of portion of the record to be certified and made available to the Circuit 

Clerk:

i. Motion Requesting Relief of Stay Under 362 (D)(1) of the Bankruptcy Code 

(Docket No. 2434, main document).

ii. Memorandum by Plaintiffs’ Class in Support of Request for Relief from the 

Automatic Stay Pursuant to PROMESA’s Sections 4, 7, 301(C)(3) and

Bankruptcy Codes Sections 362 (D)(1) (Docket No. 2434, Attachment 1).

iii. Stipulation for Permanent Injunction in case Civil No. 02-1179(GAG) (Docket 

No. 2434, Attachment 1).

iv. Motion in Compliance with Order Submitting Documents Translated to the 

English Language (Docket No. 2517).

v. Order Scheduling Briefing of Motion Requesting Relief of Stay Under 362 (D)(1) 

of the Bankruptcy Code (Docket No. 2439)

vi. Objection of the Commonwealth to Motion Requesting Relief of Stay Under 362 

(D)(1) of the Bankruptcy Code Filed by Gladys García Rubiera, et al. (Docket No. 

2570).

vii. Reply to “Objection of the Commonwealth to Motion Requesting Relief of Stay 

Under 362 (D)(1) of the Bankruptcy Code Filed by Gladys García Rubiera, et al.” 

(Docket No. 2592).

viii. Order Directing Supplemental Briefing of Motion Requesting Relief of Stay 

Under 362 (D)(1) of the Bankruptcy Code (Docket No. 2697).

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ix. Motion in Compliance with Order of March 9th, 2018 and Request for an 

Extension of Time (Docket No. 2706).

x. Supplementary Memorandum in Compliance with Order of March 9th and March 

13th, 2018 (Docket No. 2777).

xi. Commonwealth of Puerto Rico’s Reply to Movant’s Supplementary 

Memorandum in Compliance with Order of March 9th and March 13th (Docket 

No. 2820).

xii. Supplemental Brief and Declaration in Compliance with Order of March 9th, 2018 

(Docket No. 2795)

xiii. Reply Brief to the “Supplemental Brief and Declaration” of the Commonwealth 

of Puerto Rico (Commonwealth) in Compliance with Order of March 9th, 2018 

(Docket No. 2818)

xiv. Memorandum and Order Granting in Part and Denying in Part Motion Requesting 

Relief from Stay Under Section 362 (D)(1) of the Bankruptcy Code (Docket Entry 

No. 2434) (Docket No. 2858).

xv. Notice of Appeal (Docket No. 2897)

xvi. USDC Transmittal of Record to the Court of Appeals (Docket No. 2908).

RESPECTFULLY SUBMITTED

CERTIFICATE OF SERVICE

I hereby certify that, on April 25, 2018, I electronically filed the foregoing with the Clerk of the 

Court using the CM/ECF system, which will send notification of such filing to all counsel of record 

and parties in the Master Service List.

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In San Juan, Puerto Rico, April 25, 2018.

 

 

s/ Mario M. Oronoz Rodríguez

USDC-PR No. 120606

ORONOZ & ORONOZ

Urb. Torrimar, K-4 Bambú St.

Guaynabo, PR 00966-3109

Tel. (787)294-5255

mmo@oronozlaw.com

s/ Antonio J. Amadeo Murga 

USDC-PR No. 110103 

A.J. AMADEO MURGA LAW OFFICES 

1225 Ponce de León, Ave. 

Ste. 904 

San Juan, PR 00907 

Tel. (787)764-0893 

ajaamadeo@gmail.com 

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