UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

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

 : 

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

 : 

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

THE OFFICIAL COMMITTEE OF UNSECURED 

CREDITORS OF THE COMMONWEALTH OF 

PUERTO RICO, 

 as agent of 

THE FINANCIAL OVERSIGHT AND MANAGEMENT 

BOARD FOR PUERTO RICO, 

 as representative of 

THE COMMONWEALTH OF PUERTO RICO, 

 

 Plaintiff, 

v. 

BETTINA WHYTE, 

 as agent of 

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

Adv. Proc. No. 17-00257-LTS 

 

1

 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-BK3283 (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-BK-3567 (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-LTS) (Last 

Four Digits of Federal Tax ID: 3747). 

Case:17-03283-LTS Doc#:4176 Filed:11/05/18 Entered:11/05/18 18:17:07 Desc: Main

Document Page 1 of 4
2 

THE FINANCIAL OVERSIGHT AND MANAGEMENT 

BOARD FOR PUERTO RICO, 

 as representative of 

THE PUERTO RICO SALES TAX FINANCING 

CORPORATION, 

 Defendant. 

:

:

:

: 

:

:

:

:

: 

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

INFORMATIVE MOTION OF OFFICIAL UNSECURED CREDITORS COMMITTEE 

IN ITS STATUTORY CAPACITY AND AS COMMONWEALTH AGENT REGARDING 

STIPULATION RESOLVING MOTION TO ENFORCE STIPULATION AND ORDER 

APPROVING PROCEDURE TO RESOLVE COMMONWEALTH-COFINA DISPUTE 

IN TITLE III CASE OF COMMONWEALTH OF PUERTO RICO 

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”), in its statutory capacity and as the Commonwealth Agent 

(together with the Committee, the “Commonwealth Agent”) with respect to the 

“Commonwealth-COFINA Dispute,” as defined in the Stipulation and Order Approving 

Procedure to Resolve Commonwealth-COFINA Dispute [Docket No. 996 in Case No. 17-3283 

(LTS)] (the “Stipulation”),2

 hereby states as follows: 

1. On October 18, 2018, the Court entered an order (the “Scheduling Order”)3

establishing a hearing date and briefing schedule for the Commonwealth Agent to file its motion 

to enforce the Stipulation (the “Motion to Enforce”) challenging the Oversight Board’s authority 

under the Stipulation to seek approval of the Oversight Board’s settlement of the 

Commonwealth-COFINA Dispute (the “Settlement Agreement”). The Scheduling Order 

provided, among other things, that the Commonwealth Agent must file its Motion Enforce by the 

 

2

 Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the 

Stipulation. 

3

 See Docket No. 4060 in Case No. 17-3283 (LTS). 

Case:17-03283-LTS Doc#:4176 Filed:11/05/18 Entered:11/05/18 18:17:07 Desc: Main

Document Page 2 of 4
3 

earlier of (i) 4:00 p.m. (AST) on November 2, 2018 or (ii) three business days after the Oversight 

Board provides to the Commonwealth Agent the New Certified Commonwealth Fiscal Plan (as 

defined in the Scheduling Order), which includes the projections for such fiscal plan. 

2. On October 19, 2018, the Oversight Board filed the Commonwealth of Puerto 

Rico’s Motion Pursuant to Bankruptcy Rule 9019 for Order Approving Settlement Between 

Commonwealth of Puerto Rico and Puerto Rico Sales Tax Financing Corporation [Docket No. 

4067 in Case No. 17-3283] (the “9019 Motion”), seeking approval of the Settlement Agreement. 

3. The Commonwealth Agent has been in discussions with, among others, the 

Oversight Board and the COFINA Agent to resolve the Commonwealth Agent’s concerns 

regarding the Oversight Board’s motion seeking approval of its settlement of the 

Commonwealth-COFINA Dispute. In light of these discussions, the Commonwealth Agent 

previously requested,4

 and the Court granted,5 extensions of the Commonwealth Agent’s 

deadline to file the Motion to Enforce to 5:00 p.m. (AST) on Monday, November 5, 2018. 

4. The Committee, in its statutory capacity and as Commonwealth Agent, the 

Oversight Board, and the COFINA Agent (together, the “Parties”) have arrived at a mutually 

agreeable resolution related to the Committee’s challenge to the Oversight Board’s authority to 

proceed with the 9019 Motion, as reflected in the stipulation by and among the Parties (the 

“Stipulation”) attached hereto as Exhibit A. 

5. The Parties respectfully request that the Court SO ORDER the Stipulation. 

[Remainder of page intentionally left blank.] 

 

 

4

 See Docket Nos. 4159 and 4165 in Case No. 17-3283 (LTS) 

5

 See Docket Nos. 4161 and 4166 in Case No. 17-3283 (LTS) 

Case:17-03283-LTS Doc#:4176 Filed:11/05/18 Entered:11/05/18 18:17:07 Desc: Main

Document Page 3 of 4
4 

Dated: November 5, 2018 

 

/s/ Luc A. Despins .

PAUL HASTINGS LLP 

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

James R. Bliss, 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 

alexbongartz@paulhastings.com 

Counsel to the Commonwealth Agent and to 

the Official Committee of Unsecured Creditors

- and - 

/s/ Juan J. Casillas Ayala .

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 Commonwealth Agent and to 

the Official Committee of Unsecured Creditors

Case:17-03283-LTS Doc#:4176 Filed:11/05/18 Entered:11/05/18 18:17:07 Desc: Main

Document Page 4 of 4