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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INFORMATIVE MOTION REGARDING WITHDRAWAL, WITHOUT PREJUDICE, 

OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS’ URGENT MOTION, 

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

COMPLY WITH INTERIM COMPENSATION ORDERS, SOLELY AS IT RELATES 

TO REQUEST TO COMPEL PAYMENT OF KROMA’S FEES AND EXPENSES

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 states as follows: 

1. On July 18, 2018, the Committee filed its (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 Agent to Compel 

 

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-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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Compliance With Same [Docket No. 3604] (the “Motion to Compel”)2 and the related motion to 

expedite the hearing on the Motion to Compel [Docket No. 3605] (the “Motion to Expedite”). 

2. By order dated July 18, 2018 [Docket No. 3608], the court granted the Motion to 

Expedite, setting the hearing on the Motion to Compel for the omnibus hearing scheduled on 

July 25, 2018. 

3. On July 19, 2018, Paul Hastings received a partial payment on account of its 

outstanding fees and expenses. In order to allow the parties to seek a consensual resolution 

regarding payment of the remaining portion of Paul Hastings outstanding fees and expenses, 

without the need to involve the court, the Committee adjourned the Motion to Compel (with the 

consent of the Puerto Rico Fiscal Agency and Financial Advisory Authority) solely as it relates 

to its request to compel payment of Paul Hastings’ outstanding fees and expenses, until the 

omnibus hearing scheduled for September 12, 2018 at 9:30 a.m. (AST).3

4. At the time the Committee filed the Notice of Adjournment, the Committee 

understood that the Commonwealth was working on paying Kroma’s outstanding fees and 

expenses, but that Kroma had not yet been able to confirm receipt of payment. Subsequent to the 

filing of the Notice of Adjournment, Kroma has confirmed that it received payment on its 

outstanding fees and expenses. Therefore, the Committee hereby withdraws the Motion to 

Compel, solely as it relates to the Committee’s request to compel payment of Kroma’s fees and 

expenses, without prejudice to renewing such request in the future. 

 

2

 Capitalized terms used but not defined in this informative motion have the meanings set forth in the Motion to 

Compel. 

3

 See Informative Motion Regarding Consensual Adjournment of Official Committee of Unsecured Creditors’ 

Urgent Motion, Pursuant to Bankruptcy Code Section 105(a), to Compel Debtors to Comply with Interim 

Compensation Orders, Solely as it Relates to Request to Compel Payment of Paul Hastings’ Fees and Expenses

[Docket No. 3652] (the “Notice of Adjournment”). 

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5. The Committee reserves all rights with respect to the Motion to Compel, as it 

relates to its request to compel payment of Paul Hastings’ outstanding fees and expenses (which 

was adjourned to the next omnibus hearing), and nothing in this informative motion should be 

considered a waiver of any argument therein. 

Dated: July 23, 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 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 Official Committee of Unsecured 

Creditors

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