180917 ORD RE SUPPLEMENT TO FIFTH OMNIBUS STAY MOTION.DOCX VERSION SEPTEMBER 17, 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) 

ORDER SUPPLEMENTING FIFTH OMNIBUS 

ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY 

Upon the Debtors’ Supplement to Fifth Omnibus Motion for Approval of Modifications to 

the Automatic Stay (the “Supplement”);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 Supplement 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 

                                                            

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 Supplement. 

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notice of the Supplement under the circumstances and that no other or further notice is required; 

and the Court having reviewed the Supplement; and the Court having determined that the legal 

and factual bases set forth in the Supplement establish just cause for the relief granted herein; and 

any objections to the relief requested herein having been withdrawn or overruled on the merits; 

and after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED 

THAT:

1. The Supplement is granted as set forth herein. 

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

Stay is modified as set forth in the attached Exhibit 1 for administrative employment matters 

against the Commonwealth, to September 12, 2018 (the date of the Supplement). 

3. 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 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 Supplement 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 assumption of any agreement or contract 

between the parties under Bankruptcy Code section 365. 

4. 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. 

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5. 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. 

6. This Order relates to and resolves Docket Entry No. 3925 in Case No. 17-

3283. 

 SO ORDERED. 

Dated: September 17, 2018 

 /s/ Laura Taylor Swain 

 LAURA TAYLOR SWAIN 

 United States District Judge 

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