181109 ORD RE 6TH OMNI MOT FOR APPROVAL OF MODIFICATIONS TO STAY.DOCX VERSION NOVEMBER 9, 2018 1 

UNITED STATES DISTRICT COURT 

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) 

SIXTH OMNIBUS ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY

Upon the Debtors’ Sixth Omnibus Motion for Approval of Modifications to the Automatic 

Stay (the “Motion”);2

 and the Court having found it has subject matter jurisdiction over this 

matter pursuant to PROMESA section 306; and it appearing that venue in this district is proper 

pursuant to PROMESA section 307; 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; and the 

Court having found that the Debtors provided adequate and appropriate notice of the Motion 

under the circumstances and that no other or further notice is required; and the Court having 

 

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). (Title III case numbers are 

listed as Bankruptcy Case numbers due to software limitations). 

2

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

in the Motion. 

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181109 ORD RE 6TH OMNI MOT FOR APPROVAL OF MODIFICATIONS TO STAY.DOCX VERSION NOVEMBER 9, 2018 2 

reviewed the Motion; and the Court having determined that the legal and factual bases set forth 

in the Motion establish just cause for the relief granted herein; and any objections to the relief 

requested herein having been withdrawn; and after due deliberation and sufficient cause 

appearing therefor, it is HEREBY ORDERED THAT: 

1. The Motion is granted as set forth herein. 

2. Pursuant to Bankruptcy Code sections 362(d)(1) and 105(a), made 

applicable to the Title III cases by PROMESA section 301(a), the Title III Stay is modified as set 

forth in the attached Exhibit 1 for matters subject to prior stipulations among or between the 

applicable Debtor and counterparty(ies), nunc pro tunc to the dates specified therein. 

3. Pursuant to Bankruptcy Code sections 362(d)(1) and 105(a), the Title III 

Stay is modified as set forth in the attached Exhibit 2 for certain forfeiture cases filed against the 

Commonwealth, nunc pro tunc to October 16, 2018 (the date of the Motion). 

4. Pursuant to Bankruptcy Code sections 362(d)(1) and 105(a), the Title III 

Stay is modified as set forth in the attached Exhibit 3 for administrative employment matters 

against ERS, nunc pro tunc to October 16, 2018 (the date of the Motion) 

5. All rights, defenses, and protections of each of the Debtors with respect to 

any matters pending or that may arise in their respective Title III Cases, including the treatment 

of any claim arising from the matters set forth on Exhibit 1, 2 and 3 hereof under a plan of 

adjustment or otherwise in the Title III Case are hereby reserved. Nothing in this Order or the 

Debtors’ consent to stay modification as set forth in the Motion shall be deemed to be, or 

construed as, (a) an admission by any party of any liability, wrongdoing, act, or matter or that 

any claim or defense has or lacks merit; (b) a waiver of the Debtors’ rights to dispute, contest, 

setoff, or recoup any claim, including any claims asserted in the subject actions, or assert any 

related rights, claims, or defenses and all such rights are reserved; or (c) an approval or 

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assumption of any agreement or contract between the parties under Bankruptcy Code section 

365. 

6. Notwithstanding any applicability of any Federal Rule of Bankruptcy 

Procedure, the terms and conditions of this Order shall be immediately effective and enforceable 

upon its entry. 

7. The Court shall retain jurisdiction to hear and determine all matters 

(a) arising from or related to the implementation, enforcement, or interpretation of this Order and 

(b) concerning the execution or enforcement in the Title III cases of any judgment entered in a 

prepetition ordinary course civil action where the Debtors agreed to modify or lift the Title III 

Stay to allow the action to proceed to judgment by the underlying court. 

8. This Order resolves Docket Entry No. 4051 in Case No. 17-3283. 

 SO ORDERED. 

Dated: November 9, 2018 

 /s/ Laura Taylor Swain 

 LAURA TAYLOR SWAIN 

 United States District Judge 

 

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