IN THE 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

Debtor

In Re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO 

RICO 

as representative of 

PUERTO RICO ELECTRIC POWER 

AUTOHORITY

Debtor

PROMESA

Title III

No. 17 BK 3283-LTS 

Title III

No. 17 BK 4780-LTS

MOTION REQUESTING HEARING ON 362 LIFTING OF THE STAY

TO THE HONORABLE COURT:

COMES NOW the Autonomous Municipality of Ponce, through its undersigned 

attorney hereby respectfully states as follows:

I. INTRODUCTION

1. The Autonomous Municipality of Ponce (Ponce) seeks the lifting of the stay in

Municipio de Ponce v. ACT, Civil Case Number JAC1993-0485, before the Court of First Instance in 

Ponce. To that effect, it filed a motion requesting the lifting of the stay. The Commonwealth, 

PREPA and others oppose said request, advancing facts not supported by evidence and which 

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are controverted here. 

II. RELIEF REQUESTED

2. The appearing creditors seeks a modification of the stay imposed by Section 362 of 

the Bankruptcy Code so that several projects may be completed by the different

Commonwealth agencies and PREPA. Many of these projects involve the safety and the 

protection of the environment in Puerto Rico.

3. Moreover, at page 7, paragraph 12 of the Commonwealth’s objection,(SEE DOCKET 

3439) debtors state that they would have to disburse over $100 million but do not provide any 

support to this statement. Mr. Varela-Dieppa, the Commonwealth Court’s monitor shows in 

Exhibit 1 of the OMNIBUS REPLY TO OPPOSITION (see docket 3735 ) that this amount is 

grossly overstated. At page 6 of his declaration he states that the total disbursement of the 

remaining works is $124,268,233.12, of which debtors would have to pay $44,154,610.38, see 

pages 7-9 of Exhibit 1 which discusses in detail the amounts.

4. Movant AMP request, accordingly to the Federal Local Rule of Civil Procedure, 7 (f) 

and the Order Setting Briefing Schedule (see docket 3023); an evidentiary hearing to submit 

evidence even by testimonial of Monitor or documents of the reports made by debtor’s 

attorneys before the stay in the “Ponce en Marcha” case.

5. Moreover, AMP request that if this Court grant the hearing, it must be held in Ponce 

Federal Courtroom as the hearing could become an ocular inspection of the allegations and 

evidence of the status of those projects.

WHEREFORE: movants requests the modification of the automatic stay for cause 

Respectfully submitted on this 3

rd of August, 2018.

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CERTIFY: That on this same day, the ECF system sent a copy of this motion to all 

parties in this litigation. 

Respectfully submitted,

 /s/Carlos Fernández-Nadal

Carlos Fernández-Nadal, Esq.

USDC No. 209208

818 Hostos Ave. Ste. B

Ponce, PR 00716

Tel. (787) 848-4612 / 787-533-

6003

Fax (787) 395-7906 

carlosfernandez@cfnlaw.com

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