IN THE UNITED STATES DISTRICT COURT

FOR THE 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.

Debtors1.

PROMESA

Title III

Case No. 17-CV-01578-LTS

Case No. 17-03283

 (Joint Administration Requested)

UNITED STATES TRUSTEE'S EX PARTE MOTION TO TEMPORARILY 

MODIFY THE REQUIREMENTS OF FED. R. BANKR. P. 2002(i) FOR THE OFFICIAL 

COMMITTEE OF RETIREES IN THE COMMONWEALTH OF PUERTO RICO

Guy G. Gebhardt, Acting United States Trustee for Region 21, seeks authority to 

temporarily modify the requirements of Rule 2002(i) of the Federal Rules of Bankruptcy 

Procedure for the Official Committee of Retirees (the “Retiree Committee”).

1. On May 3, 2017, the Federal Oversight and Management Board (the “Board”) 

appointed under the Puerto Rico Oversight, Management, and Economic Stability Act, 48 U.S.C. 

§ 2101, et seq. (“PROMESA”), filed a petition commencing a case under Title III of PROMESA, 

 1 The Debtors in these Title III Cases, along with each Debtor’s respective bankruptcy 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 (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) (Last Four Digits of Federal Tax ID: 8474); 

(iii) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case No. 17 BK 

3567-LTS) (Last Four Digits of Federal Tax ID: 3808); and (iv) 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). Case Nos. 17 BK 3283-LTS and 17 BK 

3284-LTS are jointly administered by order of the court.

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48 U.S.C. §§ 2161, et seq., on behalf of The Commonwealth of Puerto Rico. ECF No. 1 (the 

“Commonwealth’s Title III Case”). 

2. Section 1102(a) of the Bankruptcy Code—which applies to a case under 

PROMESA, see 48 U.S.C. § 2161(a)—provides that the United States Trustee shall appoint a 

committee of creditors holding unsecured claims and may appoint additional committees of 

creditors as he deems appropriate.

3. Bankruptcy Rule 2002(i), made applicable herein by PROMESA section 310, 

requires, among other things, that members of committees appointed under 11 U.S.C. § 1102 be 

provided with notices required under Rule 2002(a)(2), (3) and (6) individually until such time as 

the committee secures counsel. 

4. The United States Trustee has evaluated all applicants for membership on the 

Retiree Committee in the Commonwealth’s Title III Case, and is presently prepared to file a 

notice appointing the Retiree Committee.

5. Given the unique circumstances of this case, and out of respect for the spirit of the 

protections afforded under the Bankruptcy Code and Federal Rules of Bankruptcy Procedure for 

publicly identifiable information, the United States Trustee desires to file his notice of 

appointment of the Retiree Committee in the Commonwealth’s Title III Case without including 

the addresses, telephone numbers, and email addresses of the individuals to be appointed to the 

Retiree Committee. 

6. To ensure compliance with Fed. R. Bankr. P. 2002(i), the United States Trustee 

will provide the notices required by Fed. R. Bankr. P. 2002(a)(2), (3) and (6) until such time as 

the Retiree Committee secures counsel. 

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WHEREFORE, the United States Trustee respectfully requests the Court enter an order 

granting the United States Trustee’s ex parte motion for modification of Fed. R. Bankr. P. 

2002(i), and requiring the United States Trustee to provide the notices required by Fed. R. Bankr. 

P. 2002(a)(2), (3) and (6) in the Commonwealth’s Title III Case until such time as the Retiree 

Committee secures counsel. 

DATED: June 15, 2017

GUY G. GEBHARDT

Acting United States Trustee for Region 21

U.S. DEPARTMENT OF JUSTICE

OFFICE OF THE UNITED STATES TRUSTEE

Edificio Ochoa

500 Tanca Street, Suite 301

San Juan, Puerto Rico 00901-1922

Tel.: (787) 729-7444

Fax: (787) 729-7449

(Electronically Filed)

By: s/ Monsita Lecaroz-Arribas

Monsita Lecaroz-Arribas

Assistant U.S. Trustee

USDC-PR No. 207707

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