UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION

www.flsb.uscourts.gov

In re:

EMMA BUMSHTEYN,

Debtor.

 

___________________________/

KENNETH A. WELT, as 

Chapter 7 Trustee Plaintiff, 

Plaintiff,

vs.

EMMA BUMSHTEYN and

YEVGENIYA BUMSTHTEYN,

Defendants. 

___________________________/

Case No. 18-23930-PDR

Chapter 7

Adv. No. 21-01069-PDR

ANSWER OF DEFENDANTS EMMA BUMSHTEYN and YEVGENIYA BUMSHTEYN

(Trial by Jury Demanded)

EMMA EMMA BUMSHTEYN and YEVGENIYA BUMSHETEYN1(Defendants) by 

their undersigned attorneys, hereby respond to the Complaint. Except as specifically admitted in 

this Answer, Defendants denies the allegations of each paragraph or portion of a paragraph. 

1. Paragraphs numbered 2, 3, 6, 23, 27, 35, 43, 48, 52, 53, 54, 55, 56, 57, 58, 59, 60, 

64, 65, 66, 68, 69, 73, 83, 84, 85, 86, 87, 88, 89, 92, 93, 94, 95, 96, 97, 99, 100, 101, 102, and 103 

of the Complaint state legal conclusion for which no response is required.

1 Yevgeniya Bumsheteyn does not submit or consent to the jurisdiction of the bankruptcy 

court on the issues raised and hereby demand an article III adjudication of all claims related to her. 

Case 21-01069-PDR Doc 7 Filed 04/08/21 Page 1 of 4
2. Defendants deny paragraphs numbered 4, 5, 15, 16, 20, 22, 23, 24, 26, 27, 30, 31, 

32, 34, 35, 36, 37, 41, 42, 43, 45, 46, 47, 48, 50, 51, 62, 63, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 

78, 79, 80, 81, 82, 85, 86, 89, 90, 91, 97, 98 of the Complaint. 

3. Defendants admits the paragraphs numbered 1, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 

19, 21, 25, 28, 29, 30, 33, 38, 39, 40, 44, 49, 61 of the Complaint. 

AFFIRMATIVE DEFENSES

FIRST DEFENSE: FAILURE TO STATE A CLAIM

4. The allegations of the Complaint fail to state a claim upon which relief can be 

granted.

SECOND DEFENSE: LACK OF JURISDICTION 

5. The bankruptcy court lacks subject matter jurisdiction.

6. The bankruptcy court lacks personal jurisdiction on Yevgeniya Bumshteyn as she 

has no minimum contacts with the forum state and no events mentioned in the complaint occurred 

within this District.

THIRD DEFENSE: FAILS TO IDENTIFY A TRIGGERING CREDITOR 

7. The Complaint fails to identify a triggering creditor for a complaint under 11 USC

§ 544. 

FOURTH DEFENSE: PLAINTIFF LACKS STANDING

8. The Trustee lacks article III standing to bring a fraudulent transfer standing 

against the Defendants. 

FIFTH DEFENSE

9. Defendants have insufficient knowledge or information to determine whether they 

may have additional, as yet unstated, separate defenses available. Defendants have not knowingly 

Case 21-01069-PDR Doc 7 Filed 04/08/21 Page 2 of 4
and intentionally waived any applicable separate and additional defenses and reserves the right to

raise additional defenses as they become known to Defendants through discovery in this Action.

Defendants further reserves the right to amend this Answer to add, delete, or modify defenses 

based upon legal theories that may be or will be divulged through clarification of plaintiff’s 

position and or the veracity of the triggering creditor. 

SIXTH DEFENSE

10. Defendant Emma Bumshteyn could not have made any fraudulent transfers as she 

was a nominee with regard to the properties mentioned while Defendant Yevgeniya Bumshteyn 

was the true beneficial owner. Emma Bumshteyn never had any interest in any of the properties, 

did not acquire any interest she could transfer and therefore the transfers could not have been 

fraudulent.

Dated: April 8, 2021

DAHIYA LAW OFFICES, LLC 

Lead Counsel for Defendants

Karamvir Dahiya, Esq.

Pro Hac Vice Admission pending 

75 Maiden Lane Suite 506

New York New York 10038

(212) 477-8000

Email: Karam@LegalPundit.Com

-andLAW OFFICE OF MARK S. ROHER, P.A.

1806 N. Flamingo Road

Suite 300

Pembroke Pines, FL 33028

(954) 353-2200

Email: mroher@markroherlaw.com

By: /s/ Mark S. Roher

Mark S. Roher, Esq.

Florida Bar No. 178098

Local Counsel for Defendants

Case 21-01069-PDR Doc 7 Filed 04/08/21 Page 3 of 4
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy hereof has been served electronically via the 

Court’s CM/ECF system to those listed below on this 8

th day of April, 2021.

By: /s/ Mark S. Roher

Mark S. Roher

Zach B. Shelomith, Esq.

Leiderman Shelomith Alexander + Somodevilla, PLLC

2699 Stirling Road, Suite C401

Fort Lauderdale, FL 33312

Email: zbs@lsaslaw.com

Counsel for Plaintiff

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