IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

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In re 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of 

THE COMMONWEALTH OF PUERTO RICO et al., 

Debtors.1

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PROMESA 

Title III 

Case No. 17-BK-3283 (LTS) 

(Jointly Administered) 

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COFINA AGENT’S REPLY TO AAFAF’S OMNIBUS RESPONSE 

TO MOTIONS TO COMPEL PAYMENT FILED BY THE RETIREE 

COMMITTEE, COFINA AGENT, AND UNSECURED CREDITORS’ COMMITTEE 

Bettina M. Whyte (the “COFINA Agent”), in her capacity as the appointed agent 

of the Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), as 

representative of the Puerto Rico Sales Tax Financing Corporation (“COFINA”), respectfully 

submits this reply (the “Reply”) to AAFAF’s Omnibus Response to Motions to Compel Payment 

Filed by the Retiree Committee [ECF No. 3513], COFINA Agent [ECF No. 3544], and Unsecured 

Creditors’ Committee [ECF No. 3604] [Docket No. 3655] (the “AAFAF Response”), and in 

further support of the COFINA Agent’s Urgent Motion to Compel the Puerto Rico Department of 

Treasury to Comply with the Orders Setting Procedures for Interim Compensation and 

 

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). 

Case:17-03283-LTS Doc#:3667 Filed:07/22/18 Entered:07/22/18 09:04:12 Desc: Main

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Reimbursement of Expenses of Professionals [Docket No. 3544] (the “Motion to Compel”).2 In 

support of the Reply, the COFINA Agent respectfully states: 

1. On July 16, 2018, the COFINA Agent filed the Motion to Compel, which 

requests that the Court compel payment of the outstanding fees and expenses incurred by the 

COFINA Agent Applicants that are due and owing pursuant to the terms of the Interim 

Compensation Orders. On July 20, 2018, AAFAF filed the AAFAF Response, which (i) did not 

object to any of the outstanding fees or expenses identified by the COFINA Agent, and 

(ii) committed to pay such fees and expenses on or prior to July 25, 2018. 

2. The COFINA Agent Applicants have provided all information requested by 

AAFAF to facilitate payment. As of the date hereof, AAFAF has sent wire transfers to certain 

COFINA Agent Applicants in partial satisfaction of their fees and expenses. However, numerous 

months of payments still have not been paid. 

3. The COFINA Agent Applicants appreciate AAFAF’s recent efforts to pay 

all outstanding fees and expenses, and the COFINA Agent will file a notice of withdrawal of the 

Motion to Compel if all payments are made prior to the close of business on July 24, 2018. To the 

extent any payments are still outstanding as of such time, the COFINA Agent will proceed with 

the Motion to Compel at the omnibus hearing on July 25, 2018. 

 

2

 Capitalized terms that are used but not defined herein shall have the meanings ascribed to such terms in the 

Motion to Compel. 

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Dated: July 22, 2018 

 New York, New York 

By: /s/ Joseph G. Minias 

Respectfully submitted, 

By: /s/ Nilda M. Navarro-Cabrer 

Matthew A. Feldman (pro hac vice) 

Joseph G. Minias (pro hac vice) 

Antonio Yanez, Jr. (pro hac vice) 

Martin L. Seidel (pro hac vice) 

James C. Dugan (pro hac vice) 

Jeffrey B. Korn (pro hac vice) 

Paul V. Shalhoub (pro hac vice) 

WILLKIE FARR & GALLAGHER LLP 

787 Seventh Avenue 

New York, New York 10019 

Telephone: (212) 728-8000 

Facsimile: (212) 728-8111 

Email: mfeldman@willkie.com 

 jminias@willkie.com 

 ayanez@willkie.com 

 mseidel@willkie.com 

 jdugan@willkie.com 

 jkorn@willkie.com 

 pshalhoub@willkie.com 

Counsel to the COFINA Agent 

Nilda M. Navarro-Cabrer 

USDC – PR No. 201212 

NAVARRO-CABRER LAW OFFICES 

El Centro I, Suite 206 

500 Muñoz Rivera Avenue 

San Juan, Puerto Rico 00918 

Telephone: (787) 764-9595 

Facsimile: (787) 765-7575 

Email: navarro@navarrolawpr.com 

Local Counsel to the COFINA Agent 

Kenneth N. Klee (pro hac vice) 

Daniel J. Bussel (pro hac vice) 

Jonathan M. Weiss (pro hac vice) 

KLEE, TUCHIN, BOGDANOFF & STERN LLP 

1999 Avenue of the Stars 

39th Floor 

Los Angeles, California 90067 

Telephone: (310) 407-4000 

Facsimile: (310) 407-9090 

Email: kklee@ktbslaw.com 

 dbussel@ktbslaw.com 

 jweiss@ktbslaw.com 

Special Municipal Bankruptcy Counsel 

to the COFINA Agent 

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