Objection Deadline: May 25, 2018 at 3:00 p.m. (AST)

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

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

:

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

:

Debtors.1:

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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-3566 (LTS)

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THE EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO (ERS)

:

:

:

:

Debtor. :

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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-3567 (LTS)

:

 

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-BK3567 (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) (Last Four Digits of 

Federal Tax ID: 3747).

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PUERTO RICO HIGHWAYS AND TRANSPORTATION 

AUTHORITY (HTA)

:

:

:

:

Debtor. :

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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-3284 (LTS)

:

PUERTO RICO SALES TAX FINANCING 

CORPORATION (COFINA)

:

:

:

:

Debtor. :

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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-4780 (LTS)

:

PUERTO RICO ELECTRIC POWER AUTHORITY 

(PREPA)

:

:

:

:

Debtor. :

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RESPONSE OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO 

MOTION OF ASOCIACION DE EMPLEADOS DEL ESTADO LIBRE ASOCIADO FOR 

EXTENSION OF BAR DATE TO FILE PROOFS OF CLAIM AND REQUEST TO

MAKE ANY RELIEF GRANTED APPLICABLE TO CREDITORS OF ALL DEBTORS

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

COFINA) (the “Committee”) hereby submits this response (the “Response”) to the motion of 

Asociación de Empleados del Estado Libre Asociado (“AEELA”) for an extension of the bar 

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date to file proofs of claim, dated May 23, 2018 [Docket No. 279] (the “Motion”), and 

respectfully represents as follows:2 

RESPONSE

1. On February 15, 2018, this court established 4:00 p.m. (AST) on May 29, 2018,

as the general deadline (the “General Bar Date”) for filing proofs of claim against the Title III 

Debtors.3 The Motion requests that the General Bar Date be extended for AEELA and its 

members by 23 days from the date of the filing of the Motion, i.e., to June 15, 2018. The 

Committee supports the requested relief, as it believes, based on its extensive interaction with 

unsecured creditors (see paragraph 2 below), that certain creditors not familiar with the proof of 

claim filing process, including thousands of local Puerto Rico creditors, could benefit from 

additional time to file their claims. Accordingly, the Committee requests that, to the extent the 

court is inclined to grant the Motion, the court should extend the General Bar Date by 30 days 

for all creditors subject to the General Bar Date. 

2. Throughout these Title III cases, the Committee has sought to ensure that 

unsecured creditors are in the position, and have the full opportunity, to submit timely proofs of 

claims. For example, during the month of April 2018, the Committee undertook the

unprecedented and innovative effort of coordinating and hosting creditor information sessions

regarding the claims-filing process in various locations across the island of Puerto Rico, namely

San Juan, Ponce, Mayagüez, and Arecibo.

3. The Committee is concerned—including as a result of feedback received during 

the creditor information sessions—that any order extending the deadline for one creditor (or 

 

2 Given that this Response relates to all Title III Debtors, the Committee has filed this Response in each of the 

Debtors’ Title III cases.

3

See Order (A) Establishing Deadlines and Procedures for Filing Proofs of Claim and (B) Approving Form and 

Manner of Notice Thereof [Docket No. 2521].

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group of creditors) could potentially confuse and prejudice other creditors who may misinterpret 

the scope of any such order, which only further complicates the already daunting process of 

submitting timely proofs of claim. For these reasons, the Committee respectfully requests that, 

to the extent the court is inclined to grant the Motion, the General Bar Date should be 

extended for all creditors by 30 days. Indeed, it is also hard to conceive that there would be 

any prejudice to the Debtors from such a 30-day extension.

4. The Committee is mindful of the fact that the court may view this Response as a 

cross-motion requesting substantive relief, requiring separate notice and opportunity for a 

hearing. The Committee submits, however, that the court always has the authority to extend its 

own court-approved deadlines, such as a claims bar date, on a sua sponte basis, and believes that 

such an extension is appropriate under the circumstances. 

5. Finally, in light of the Committee’s request to extend the benefits of a short 

extension of the General Bar Date to all creditors, the Committee is filing this Response the day

before the May 25 objection deadline set by the court, so as to allow the Oversight Board and 

other parties in interest to react to the Committee’s Response in their responses or objections to 

the Motion.

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WHEREFORE, the Committee respectfully requests that, to the extent this court grants 

the relief requested in the Motion, it extend the General Bar Date by 30 days for all creditors and 

grant such other relief as this court deems just and proper.

Dated: May 24, 2018 /s/ Luc A. Despins .

PAUL HASTINGS LLP

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

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

200 Park Avenue 

New York, New York 10166

Telephone: (212) 318-6000 

lucdespins@paulhastings.com 

alexbongartz@paulhastings.com

Counsel to the Official Committee of Unsecured Creditors

- and -

/s/ Juan J. Casillas Ayala .

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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