180906 ORDER RE MANGIARACINA MOT.DOCX VERSION SEPTEMBER 6, 2018 1 

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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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 

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Adv. Proc. No. 17-00257 (LTS) 

 

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). 

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180906 ORDER RE MANGIARACINA MOT.DOCX VERSION SEPTEMBER 6, 2018 2 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO 

as representative of 

THE PUERTO RICO SALES TAX FINANCING 

CORPORATION, 

Defendant. 

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ORDER DENYING URGENT INFORMATIVE MOTION OF 

STEPHEN T. MANGIARACINA, ESQ. FOR ENTRY OF ORDER 

GRANTING INFORMATIVE MOTION, RESERVATION OF RIGHTS 

AND NOTICE OF REQUEST TO BE HEARD AT SEPTEMBER 13, 2018 HEARING 

The Court has received and reviewed the Urgent Informative Motion of Stephen 

T. Mangiaracina, Esq., as a COFINA Junior Bond Holder Being a Party in Interest in This Case, 

Being Pro Se, Pursuant to Bankruptcy Code Section 105(a), for Entry of an Order Granting 

Informative Motion, Reservation of Rights and Notice of Request to Be Heard at September 13, 

2018 Hearing (Docket Entry No. 3847 in Case No. 17-3283, the “Motion”), filed by Stephen T. 

Mangiaracina, Esq. (the “Movant”). Movant seeks leave from this Court to be heard at the 

Omnibus Hearing scheduled for September 13, 2018 (the “September Omnibus Hearing”), on the 

issues of “(a) denying any further delay in the Court rendering a decision and order on the 

motion submitted to the Court on April 10, 2018, and (b) any issues that the Court or other 

parties may raise during the hearing.” (Mot. ¶ 8.) Movant also asserts, inter alia, that COFINA 

is not “now in default and part of the Title III bankruptcy.” (Mot. ¶ 2.) However, COFINA has 

been a debtor in its own proceeding under title III of the Puerto Rico Oversight, Management, 

and Economic Stability Act since May 9, 2017. (See Docket Entry No. 1 in 17-BK-3284.) 

The motion referenced by Movant is fully submitted, has been taken under 

advisement and stayed at the request of the parties to Adversary Proceeding No. 17-257 (the 

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180906 ORDER RE MANGIARACINA MOT.DOCX VERSION SEPTEMBER 6, 2018 3 

“Adversary Proceeding”), and is not scheduled for argument at the September Omnibus Hearing. 

The instant Motion to be heard at the September Omnibus Hearing regarding the respective 

claims of the Commonwealth and COFINA to SUT revenues, and the rights of classes of 

COFINA bondholders, is therefore denied. The proposed settlement of the Adversary 

Proceeding, by its terms and under those of the court order pursuant to which the Adversary 

Proceeding was filed, cannot be implemented absent court approval through confirmation of a 

plan of adjustment insofar as it affects COFINA, and a motion for approval of the settlement 

pursuant to Federal Rule of Bankruptcy Procedure 9019 (made applicable to these proceedings 

by 48 U.S.C. § 2170) insofar as it affects the Commonwealth. Movant and other parties in 

interest will have opportunities to be heard in connection with applications for such approvals. 

For the foregoing reasons, the Motion is denied. This Order relates to and 

resolves Docket Entry No. 3847 in Case No. 17-3283. 

 SO ORDERED. 

Dated: September 6, 2018 

 /s/ Laura Taylor Swain 

 LAURA TAYLOR SWAIN

 United States District Judge 

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