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.

 Debtors.1

PROMESA

Title III 

No. 17 BK 3283-LTS

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

 as representative of

PUERTO RICO ELECTRIC POWER AUTHORITY,

 Debtor.

PROMESA

Title III 

No. 17 BK 4780-LTS

Re: Dkt. Nos. 889, 891

This Joint Motion Relates Only to 

PREPA and Shall be Filed in Both 

the Lead Case No. 17 BK-3283-LTS 

and in PREPA’s Title III Case No. 

17 BK 4780-LTS

JOINT MOTION FOR EXTENSION OF DEADLINES IN CONNECTION 

WITH MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND 

FOR A RULING THAT A JUDGMENT BASED ON A CLAIM ARISING 

FROM THE TAKING OF PROPERTIES WITHOUT JUST 

COMPENSATION IS NOT SUBJECT TO REDUCTION OR 

COMPENSATION IN BANKRUPTCY

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

The Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), on behalf of 

 

1 The Debtors in the jointly-administered 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) Puerto Rico Sales Tax Financing Corporation (“COFINA”) 

(Bankruptcy Case No. 17 BK 3284-LTS) (Last Four Digits of Federal Tax ID: 8474); (iii) 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); (iv) Puerto Rico Highways and Transportation Authority (“HTA”) 

(Bankruptcy Case No. 17 BK 3567-LTS) (Last Four Digits of Federal Tax ID: 3808); 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).

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the Puerto Rico Electric Power Authority (“PREPA”) pursuant to the authority granted to it under 

the Enabling Act of the Fiscal Agency and Financial Advisory Authority, Act 2-2017, and the estates 

of Gabriel Fuentes Vázquez and Evangelina Benejam, composed by Gabriel, Jorge L., and José 

Ricardo Fuentes Benejam (the “Movants”), by and through their undersigned counsel, respectfully 

submit this joint motion for entry of an order, substantially in the form attached hereto as Exhibit A, 

extending the deadlines in connection with the Motion for Relief from the Automatic Stay and for a 

Ruling that a Judgment Based on a Claim Arising from the Taking of Properties Without Just 

Compensation Is Not Subject to Reduction or Compensation in Bankruptcy [Case No. 17-4780, Dkt.

No. 889] (the “Lift Stay Motion”) filed by the Movants.

2

In support of this joint motion, AAFAF

and the Movants respectfully state as follows:

BACKGROUND

On June 28, 2018, the Movants filed the Lift Stay Motion seeking relief from the automatic 

stay under section 362(d) of title 11 of the United States Code. Specifically, the Movants request

a modification of the stay in order to continue their eminent domain action in the Court of First 

Instance of Puerto Rico, Superior Section of San Juan against PREPA in Case No. KEF 2007-0753 

and a finding that a judgment based on a claim arising from the taking of properties without just 

compensation is not subject to reduction or compensation in bankruptcy.

Pursuant to this Court’s order entered on June 28, 2018, opposition papers to the Lift Stay 

Motion must be filed by July 12, 2018, and reply papers must be filed by July 19, 2018 [Case No. 

17-04780, Dkt. No. 891].

 

2 The Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), as the Debtors’

representative pursuant to section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act

(“PROMESA”), 48 U.S.C. §§ 2101-2241, has authorized AAFAF to file this joint motion on behalf of PREPA.

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The parties are engaged in discussions that may resolve the Lift Stay Motion in its entirety, 

but they need additional time to reach an agreement. In consideration of the foregoing, AAFAF

and the Movants have agreed to a fourteen-day (14) extension of the applicable deadlines in 

connection with the Lift Stay Motion.

AAFAF submits that no party or creditor will be prejudiced by this extension. 

RELIEF REQUESTED

By this motion, AAFAF and the Movants request a fourteen-day (14) extension of the 

applicable deadlines. AAFAF and the Movants request entry of an order extending the deadlines

as follows: 

• Any objection to the Lift Stay Motion shall be filed by July 26, 2018. 

• Any reply shall be filed by August 2, 2018.

WHEREFORE, AAFAF and the Movants respectfully request the Court to enter an order, 

substantially in the form attached hereto as Exhibit A, (a) granting the joint motion and (b) granting 

such other relief as is just and proper.

Dated: July 11, 2018

San Juan, Puerto Rico

Respectfully submitted,

THE ESTATES OF GABRIEL FUENTES 

VÁZQUEZ AND EVANGELINA BENEJAM, 

composed by GABRIEL, JORGE L., and JOSÉ 

RICARDO FUENTES BENEJAM

By their attorney,

/s/ Charles A. Cuprill-Hernandez

USDC-PR 114312

Charles A. Cuprill, P.S.C. Law Offices

356 Fortaleza Street 2nd Floor 

San Juan, 00961

Tel: 787-977-0515

Fax: 787-977-0518

E-mail: ccuprill@cuprill.com

THE PUERTO RICO FISCAL AGENCY

AND FINANCIAL ADVISORY

AUTHORITY, as Fiscal Agent for PREPA

By its attorneys,

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/s/ Kevin D. Finger

Kevin D. Finger (admitted pro hac vice)

David D. Cleary (admitted pro hac vice)

Greenberg Traurig, LLP

77 West Wacker Drive Suite 3100

Chicago, IL 60601

Phone: 312.456.8400

Fax: 312.456.8435

Email: fingerk@gtlaw.com

 clearyd@gtlaw.com 

Nathan A. Haynes (admitted pro hac vice)

Greenberg Traurig, LLP

200 Park Avenue

New York, NY 10166

Phone: 212.801.9200

Fax: 212.801.6400

Email: haynesn@gtlaw.com

Joseph P. Davis (admitted pro hac vice)

Greenberg Traurig, LLP

One International Place, Suite 2000

Boston, MA 02110

Phone: 617.310.6000

Fax: 617.310.6001

Email: davisjo@gtlaw.com

THE PUERTO RICO ELECTRIC

POWER AUTHORITY

By its attorneys,

/s/ Arturo Díaz Angueria

USDC No. 117907

/s/ Katiuska Bolaños Lugo

USDC No. 231812

CANCIO, NADAL, RIVERA & DÍAZ, P.S.C.

PO Box 364966

San Juan, PR 00936-4966

Phone: (787) 767-9625

Fax: (787) 764-4430

Email: adiaz@cnrd.com

 kbolanos@cnrd.com

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Exhibit A

Proposed Order

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BOS 48637172v1

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.

 Debtors.1

PROMESA

Title III 

No. 17 BK 3283-LTS

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

 as representative of

PUERTO RICO ELECTRIC POWER AUTHORITY,

 Debtor.

PROMESA

Title III 

No. 17 BK 4780-LTS

Re: Dkt. Nos. 889, 891

This Order Relates Only to PREPA 

and Shall be Filed in Both the Lead 

Case No. 17 BK-3283-LTS and in

PREPA’s Title III Case No. 17-BK4780-LTS

ORDER GRANTING JOINT MOTION FOR EXTENSION OF DEADLINES 

IN CONNECTION WITH MOTION FOR RELIEF FROM THE

AUTOMATIC STAY AND FOR A RULING THAT A JUDGMENT BASED 

ON A CLAIM ARISING FROM THE TAKING OF PROPERTIES

WITHOUT JUST COMPENSATION IS NOT SUBJECT TO REDUCTION 

OR COMPENSATION IN BANKRUPTCY

Upon the Joint Motion for Extension of Deadlines in Connection with Motion for Relief 

 

1 The Debtors in the jointly-administered 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) Puerto Rico Sales Tax Financing Corporation (“COFINA”) 

(Bankruptcy Case No. 17 BK 3284-LTS) (Last Four Digits of Federal Tax ID: 8474); (iii) 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); (iv) Puerto Rico Highways and Transportation Authority (“HTA”) 

(Bankruptcy Case No. 17 BK 3567-LTS) (Last Four Digits of Federal Tax ID: 3808); 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).

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2

from the Automatic Stay and for a Ruling that a Judgment Based on a Claim Arising from the 

Taking of Properties Without Just Compensation Is Not Subject to Reduction or Compensation in 

Bankruptcy (the “Extension Motion”)2and the Court having found it has subject matter jurisdiction 

over this matter pursuant to PROMESA section 306(a); and it appearing that venue is proper 

pursuant to PROMESA section 307(a); and the Court having found that the relief requested in the 

Extension Motion is in the best interests of the Debtors, their creditors, and other parties in interest, 

it is HEREBY ORDERED THAT:

1. The Extension Motion is granted. 

2. Any objection to the Lift Stay Motion shall be due on July 26, 2018.

3. Any reply shall be due on August 2, 2018. 

4. This Court retains exclusive jurisdiction with respect to all matters arising from or related 

to the implementation, interpretation, and enforcement of this Order. 

5. This Order resolves docket entry no._______. 

SO ORDERED. 

Dated: _________________, 2018 ________________________

San Juan, Puerto Rico LAURA TAYLOR SWAIN 

UNITED STATES DISTRICT JUDGE

 

2 Capitalized terms used but not otherwise defined herein have the meanings given to them in the Extension Motion.

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