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 

 : 

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

 : 

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

 : 

Debtors.1

 : 

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URGENT MOTION OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS 

TO EXPEDITE CONSIDERATION OF ITS URGENT MOTION, PURSUANT TO 

BANKRUPTCY CODE SECTION 105(a), TO COMPEL DEBTORS TO COMPLY 

WITH INTERIM COMPENSATION ORDERS 

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

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

COFINA) (the “Committee”) hereby files this urgent motion (the “Urgent Motion”) requesting 

entry of an order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), 

for expedited consideration of the Official Committee of Unsecured Creditors’ (A) Urgent 

Motion, Pursuant To Bankruptcy Code Section 105(a), to Compel Debtors to Comply With 

Interim Compensation Orders and (B) Joinder in Motions of Retiree Committee and COFINA 

 

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 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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Agent to Compel Compliance With Same (the “Motion to Compel”).2 In support of this Urgent 

Motion, the Committee respectfully states as follows: 

RELIEF REQUESTED 

1. By this Urgent Motion, the Committee requests entry of the Proposed Order (a) 

scheduling oral argument on the Motion to Compel for the hearing scheduled for July 25, 2018, 

at 9:30 a.m. (AST), (b) setting an objection deadline for the Motion to Compel no later than 

July 20, 2018, at 12:00 p.m. (AST), and (c) setting a deadline for the Committee to reply to any 

objection to the Motion to Compel no later than July 22, 2018 at 12:00 p.m. (AST). The 

Committee believes this expedited schedule is appropriate because it is identical to the briefing 

schedule established by the court’s orders granting an expedited schedule in connection with the 

Retiree Committee’s Motion and the COFINA Agent’s Motion, which involve issues identical to 

the issues raised in the Motion to Compel. See [Docket Nos. 3518, 3557]. Moreover, AAFAF 

and Hacienda have agreed to the expedited hearing and briefing schedule set forth in this 

Urgent Motion.

JURISDICTION AND VENUE 

2. The United States District Court for the District of Puerto Rico has subject matter 

jurisdiction over this matter pursuant to PROMESA section 306(a).3

 Venue is proper pursuant to 

PROMESA section 307(a). 

3. The statutory bases for the relief requested herein are section 105(a) of the 

Bankruptcy Code and Bankruptcy Rule 9006, made applicable to these Title III cases by 

sections 301(a) and 310 of PROMESA, Rule 9013-1 of the Local Bankruptcy Rules for the 

 

2

 All capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Motion 

to Compel. 

3

 References to PROMESA are references to 48 U.S.C. §§ 2101 et. seq.

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United States Bankruptcy Court for the District of Puerto Rico (the “Local Rules”), and the 

Fourth Amended Case Management Procedures [Docket No. 2839 in Case No. 17-3283 (LTS)]. 

BASIS FOR RELIEF REQUESTED 

4. Bankruptcy Rule 9006(c)(1) provides that “the court for cause shown may in its 

discretion with or without motion or notice order the period [for notice] reduced.” Further, Local 

Rule 9013-1(a) allows a party to request that a court “consider a motion on an expedited basis.” 

Cause exists to schedule the Motion to Compel on an expedited basis. 

5. Expedited consideration is appropriate for a number of reasons. First, the Motion 

to Compel raises issues that are identical to the issues raised in the Retiree Committee’s Motion 

and the COFINA Agent’s Motion, which have already been scheduled on an expedited basis 

pursuant to orders of this court; the Committee merely requests that its Motion to Compel be put 

on the same schedule as the Retiree Committee’s Motion and the COFINA Agent’s Motion. 

Synchronizing the resolution of the two motions is beneficial both in terms of judicial economy 

and the convenience of all the parties involved. 

6. Moreover, as explained more fully in the Motion to Compel, the Committee’s 

counsel has been diligently working with AAFAF for months in an attempt to resolve the issues 

raised in the Motion to Compel, despite the fact that the payments the Debtors are required to 

make under this court’s interim compensation orders are long overdue. Further, AAFAF and 

Hacienda have agreed to the expedited hearing and briefing schedule set forth in this Urgent 

Motion. 

7. Pursuant to Section I.H. of the Fourth Amended Case Management Procedures

[Docket No. 2839 in Case No. 17-3283 (LTS)], undersigned counsel certifies that it has engaged 

in reasonable, good-faith communications with counsel to other interested parties. Moreover, in 

accordance with Local Bankruptcy Rule 9013-1(a)(2), undersigned counsel certifies that counsel 

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has carefully examined the matter and concluded that there is a true need for an urgent hearing, 

and that the movant has not created the urgency through lack of due diligence on its part. The 

undersigned further certifies that movant made a bona fide and good faith effort to resolve the 

matter without a hearing. 

NOTICE 

8. Notice of this Urgent Motion has been provided to the following entities, or their 

counsel, if known: (i) the U.S. Trustee; (ii) the Office of the United State Attorney for the 

District of Puerto Rico; (iii) the Oversight Board; (iv) the Puerto Rico Fiscal Agency and 

Financial Advisory Authority; (v) the official committee of retirees; (vi) the insurers of the bonds 

issued or guaranteed by the Debtors; (vii) counsel to certain ad hoc groups of holders of bonds 

issued or guaranteed by the Debtors;4 (viii) the COFINA Agent, and (ix) all parties that have 

filed a notice of appearance in the Title III Cases. 

NO PRIOR REQUEST 

9. No previous request for the relief requested herein has been made to this or any 

other court. 

[Remainder of page intentionally left blank.] 

 

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 Which include the Mutual Fund Group, the Ad Hoc Group of General Obligation Bondholders, the 

COFINA Senior Bondholders’ Coalition, and the QTCB Noteholder Group, each as such group is defined 

at Docket Nos. 28, 68, 216, and 134, respectively. 

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WHEREFORE, for the above reasons, the Committee respectfully requests that the court 

enter the Proposed Order expediting consideration of the Motion to Compel, and granting such 

other relief as the court deems just and proper. 

Dated: July 18, 2018 

 

/s/ G. Alexander Bongartz .

PAUL HASTINGS LLP 

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

James R. Bliss, Esq. (Pro Hac Vice)

James B. Worthington, 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 

jamesbliss@paulhastings.com 

jamesworthington@paulhastings.com 

alexbongartz@paulhastings.com 

Counsel to the Official Committee of Unsecured 

Creditors

- and - 

/s/ Juan J. Casillas .

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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