180309 GLADYS LIFT STAY SUPP BRIEF ORDER VERSION MARCH 9, 2018 1 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

----------------------------------------------------------x 

In re: PROMESA 

 Title III 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of No. 17 BK 3283-LTS 

THE COMMONWEALTH OF PUERTO RICO, (Jointly Administered) 

et al., 

 Debtors.1

----------------------------------------------------------x 

ORDER DIRECTING SUPPLEMENTAL BRIEFING OF 

MOTION REQUESTING RELIEF OF STAY UNDER SECTION 362(D)(1) OF THE BANKRUPTCY CODE

 The Court has reviewed the Motion Requesting Relief of Stay Under 362(D)(1) of 

the Bankruptcy Code (the “Motion”) filed by Gladys Garcia Rubiera (the “Movant”) on February 

7, 2018. (Docket Entry No. 2434.). On February 21, 2018, the Commonwealth filed an 

objection (“the Objection”) to the Motion. (Docket Entry No. 2570.) On February 26, 2018, the 

Movant filed a reply (“Reply”) to the Objection. (Docket Entry No. 2592.) Having reviewed the 

Motion, Objection and Reply, the Court requires additional input from the parties to address 

issues raised by the Motion. 

The parties are directed to brief supplementally the following issues: (i) whether 

and to what extent the Commonwealth has “established and complied with” a constitutionally 

sufficient notice and reimbursement procedure consistent with the 2013 First Circuit decision, 

Garcia-Ruberia v. Fortuno, 772 F.3d 102 (1st Cir. 2013); (ii) whether and to what extent there 

 

1

 The Debtors in these Title III Cases, along with each Debtor’s respective Title III 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-LTS) (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); (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); and (v) Puerto Rico Electric Power 

Authority (“PREPA”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax 

ID: 3747). (Title III case numbers are listed as Bankruptcy Case numbers due to software 

limitations). 

Case:17-03283-LTS Doc#:2697 Filed:03/09/18 Entered:03/09/18 14:42:40 Desc: Main

Document Page 1 of 2
180309 GLADYS LIFT STAY SUPP BRIEF ORDER VERSION MARCH 9, 2018 2 

remain potential refund monies that have neither been claimed nor escheated pursuant to Act 

230; (iii) whether any such funds have been held apart from the Commonwealth’s General Fund 

for application to liabilities under the class settlement; and (iv) whether partial relief from stay to 

permit the parties to seek determinations from the district court on any or all of these issues is 

appropriate. 

Section 362(e)(1) of the Bankruptcy Code provides that: “Thirty days after a 

request under subsection (d) of this section for relief from the stay of any act against property of 

the estate under subsection (a) of this section, such stay is terminated with respect to the party in 

interest making such request, unless the court, after notice and a hearing, orders such stay 

continued in effect pending the conclusion of, or as a result of, a final hearing and determination 

under subsection (d) of this section . . . . If the hearing under this subsection is a preliminary 

hearing, then such final hearing shall be concluded not later than thirty days after the conclusion 

of such preliminary hearing, unless the 30-day period is extended with the consent of the parties 

in interest or for a specific time which the court finds is required by compelling circumstances.” 

Because of the need for additional information, the Court finds compelling circumstances to 

extend the automatic stay for 30 days from the date hereof to enable the parties to brief the 

foregoing questions and the Court to address the issue of stay relief in light of additional input 

from the parties. Having made these preliminary determinations, the Court will render a final 

determination within such 30-day period. 

The Movant and the Commonwealth are directed to file simultaneous 

supplemental briefs and declarations addressing the above issues by March 16, 2018 at 5:00 

p.m. (Atlantic Standard Time). The Movant and the Commonwealth are directed to file 

simultaneous supplemental replies by March 23, 2018 by 5:00 p.m. (Atlantic Standard Time). 

Counsel for the parties are encouraged to confer with each other in advance of the submissions in 

an effort to clarify the manner in which the issues will be addressed and, if possible, to resolve 

the Motion consensually. 

The Court will take the Motion on submission. 

 SO ORDERED. 

Dated: March 9, 2018 

 /s/ Laura Taylor Swain 

 LAURA TAYLOR SWAIN

 United States District Judge 

Case:17-03283-LTS Doc#:2697 Filed:03/09/18 Entered:03/09/18 14:42:40 Desc: Main

Document Page 2 of 2