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)

Re: Dkt. Nos. 3159, 3283, 3342, 3447

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

ANTONIO FUENTES-GONZALES, MARIA IVONNE 

VIGUIE-FERNANDEZ

Movants,

-againstTHE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

 as representative of

PUERTO RICO ELECTRIC POWER AUTHORITY,

Respondent.

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

 

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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1

FOURTH CONSENTED-TO MOTION FOR EXTENSION 

OF DEADLINES IN CONNECTION WITH 

ANTONIO FUENTES-GONZALES, MARIA IVONNE VIGUIEFERNANDEZ’S MOTION FOR RELIEF FROM AUTOMATIC STAY

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

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

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, by and through 

its undersigned counsel, respectfully submits this fourth consented-to motion for entry of an order, 

substantially in the form attached hereto as Exhibit A, further extending the deadlines in connection 

with the Motion for Relief from Automatic Stay [Case No. 17-03283, Dkt. No 3159] (the “Motion

for Relief from Automatic Stay”) filed by Antonio Fuentes-Gonzales, Maria Ivonne ViguieFernandes, and the conjugal partnership constituted by them (together, the “Movants”).2

In support 

of this motion, AAFAF respectfully states as follows:

BACKGROUND

On May 25, 2018, the Movants filed the Motion for Relief from Automatic Stay seeking 

relief from the automatic stay “for cause” under section 362(d) of title 11 of the United States 

Code. Specifically, the Movants seek a modification of the stay in order to execute their judgment

for monetary relief against PREPA in Autoridad de Energía Eléctrica v. Antonio Fuentes Gonzales 

et al., Case No. KEF 2012-0039 (the “Fuentes-Viguie Action”). 

Pursuant to this Court’s order entered on May 25, 2018, opposition papers to the Motion 

for Relief from Automatic Stay were originally scheduled to be filed by June 8, 2018, and Movants’

reply papers by June 15, 2018 [Case No. 17-03283, Dkt. No 3162].

 

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 motion on behalf of PREPA.

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2

On June 8, 2018, AAFAF filed the Consented-to Motion for Extension of Deadlines in 

Connection with Antonio Fuentes-Gonzales, Maria Ivonne Viguie-Fernandez’s Motion for Relief 

from Automatic Stay [Case No. 17-03283, Dkt. No 3280] (“First Motion for Extension of 

Deadlines”) seeking a fifteen-day extension of the applicable deadlines because the parties needed 

time to reach an agreement that may resolve the Fuentes-Viguie Action in its entirety. On June 

11, 2018, this Court entered an order granting the First Motion for Extension of Deadlines [Case 

No. 17-03283, Dkt. No 3283]. 

On June 22, 2018, AAFAF filed the Second Consented-To Motion for Extension of Deadlines 

in Connection with Antonio Fuentes-Gonzales, Maria Ivonne Viguie-Fernandez’s Motion for Relief 

from Automatic Stay [Case No. 17-03283, Dkt. No 3341] (“Second Motion for Extension of 

Deadlines”) seeking a ten (10) business-day extension of the applicable deadlines because the parties 

needed time to reach an agreement that may resolve the Fuentes-Viguie Action in its entirety. On 

June 22, 2018, this Court entered an order granting the Second Motion for Extension of Deadlines,

extending the deadline to file an opposition to July 9, 2018 and the deadline to file a reply to July 13, 

2018 [Case No. 17-03283, Dkt. No 3342]. 

On July 6, 2018, AAFAF filed the Third Consented-To Motion for Extension of Deadlines 

in Connection with Antonio Fuentes-Gonzales, Maria Ivonne Viguie-Fernandez’s Motion for Relief 

from Automatic Stay [Case No. 17-03283, Dkt. No 3444] (“Third Motion for Extension of 

Deadlines”) seeking a fourteen (14) business-day extension of the applicable deadlines because the 

parties needed time to reach an agreement that may resolve the Fuentes-Viguie Action in its 

entirety. On July 6, 2018, this Court entered an order granting the Third Motion for Extension of 

Deadlines, extending the deadline to file an opposition to July 27, 2018 and the deadline to file a 

reply to August 2, 2018 [Case No. 17-03283, Dkt. No 3447]. 

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The parties have reached an agreement in principle, pending the approval of PREPA’s 

Governing Board, that will resolve the Fuentes-Viguie Action in its entirety. The parties still need 

additional time to finalize the agreement and to obtain approval from PREPA’s Governing Board. 

The Movants have consented to a twenty (20) business-day extension of the applicable deadlines.

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

RELIEF REQUESTED

By this motion, AAFAF requests a twenty (20) business-day extension of the applicable 

deadlines. AAFAF requests entry of an order extending the deadlines as follows: 

• Any objection to the Motion for Relief from Automatic Stay shall be filed by August 

24, 2018. 

• Any reply shall be filed by August 30, 2018.

WHEREFORE, AAFAF respectfully requests the Court to enter an order, substantially in 

the form attached hereto as Exhibit A, (a) granting the motion and (b) granting such other relief as 

is just and proper.

Dated: July 26, 2018 Respectfully submitted,

San Juan, Puerto Rico

THE PUERTO RICO FISCAL AGENCY

AND FINANCIAL ADVISORY

AUTHORITY, as Fiscal Agent for PREPA

By its attorneys,

/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

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 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

 mvazquez@cnrd.com

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Exhibit A

Proposed Order

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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)

Re: Dkt. Nos. 3159, 3280, 3283, 3341, 

3342, 3444, 3447

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

ANTONIO FUENTES-GONZALES, MARIA IVONNE 

VIGUIE-FERNANDEZ

Movants,

-againstTHE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

 as representative of

PUERTO RICO ELECTRIC POWER AUTHORITY,

Respondent.

[Caption Continued on the Next Page]

 

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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ORDER GRANTING FOURTH CONSENTED-TO MOTION FOR 

EXTENSION OF DEADLINES IN CONNECTION WITH 

ANTONIO FUENTES-GONZALES, MARIA IVONNE VIGUIEFERNANDEZ’S MOTION FOR RELIEF FROM AUTOMATIC STAY

Upon the Fourth Consented-To Motion for Extension of Deadlines in Connection with 

Antonio Fuentes-Gonzales, Maria Ivonne Viguie-Fernandez’s Motion for Relief from Automatic 

Stay (the “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 Motion is 

in the best interests of the Debtors, their creditors, and other parties in interest, it is HEREBY 

ORDERED THAT: 

1. The Motion is granted. 

2. Any objection to the Motion for Relief from Automatic Stay shall be due on August 24, 

2018.

3. Any reply shall be due on August 30, 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._______ in Case No. 17-3283, and docket entry no. 

______ in Case No. 17-4780.

3

 

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

was also filed as Docket Entry No. _____ in Case No. 17-4780.

3 Movant previously filed a Consented-to Motion for Extension of Deadlines in Connection with Antonio FuentesGonzales, Maria Ivonne Viguie-Fernandez’s Motion for Relief from Automatic Stay, a Second Consented-to Motion 

for Extension of Deadlines in Connection with Antonio Fuentes-Gonzales, Maria Ivonne Viguie-Fernandez’s 

Motion for Relief from Automatic Stay, and a Third Consented-to Motion for Extension of Deadlines in Connection 

with Antonio Fuentes-Gonzales, Maria Ivonne Viguie-Fernandez’s Motion for Relief from Automatic Stay (Docket 

Entry Nos. 3280, 3341, 3444 in Case No. 17-3283). These prior requests for extension of deadlines were deemed 

to be consent to an extension of the period referenced in 11 U.S.C. § 362(e)(1) pending the Court’s determination 

of the Lift Stay Motion in the Order Granting Consented-To Motion For Extension Of Deadlines In Connection 

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SO ORDERED. 

Dated: _________________, 2018 ________________________

San Juan, Puerto Rico LAURA TAYLOR SWAIN 

UNITED STATES DISTRICT JUDGE

 

With Antonio Fuentes-Gonzales, Maria Ivonne Viguie-Fernandez’s Motion For Relief From Automatic Stay, Order 

Granting Second Consented-To Motion For Extension Of Deadlines In Connection With Antonio Fuentes-Gonzales, 

Maria Ivonne Viguie-Fernandez’s Motion For Relief From Automatic Stay, and the Order Granting Third 

Consented-To Motion For Extension Of Deadlines In Connection With Antonio Fuentes-Gonzales, Maria Ivonne 

Viguie-Fernandez’s Motion For Relief From Automatic Stay (Docket Entry Nos. 3283, 3342, 3447 in Case No. 17-

3283).

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