UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FT. LAUDERDALE DIVISION 

In re: 

VITALY BAHAR, 

Debtor. 

_________________________________/

Case Number 20-22993-SMG 

Chapter 7 

JONNY EDGARDO PINEDA RAPALO, Adv. Case Number 21-01067-SMG 

Plaintiff, 

vs. 

VITALY BAHAR, 

 Defendant. 

__________________________________/

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES 

 Defendant, VITALY BAHAR, by and through undersigned counsel, files his Answer 

and Affirmative Defenses, and avers: 

ANSWER 

1. Defendant admits the allegations in paragraphs 1 through 5 of the complaint for 

jurisdictional and factual background purposes only. Defendant denies that the Plaintiff is 

entitled to the relief sought. 

2. Defendant admits the allegations contained in paragraphs 6 through 12 but denies 

the Plaintiff is entitled to the relief sought. 

3. Defendant denies the allegations contained in paragraph 13 through 23 and 

demands strict proof thereof. 

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AFFIRMATIVE DEFENSES 

1. Equipment was Refused. The Defendant complied with all terms of the sale 

transaction and the Plaintiff refused delivery of the equipment. Prior to providing a deposit on 

the subject equipment, the Plaintiff inspected the machine. Defendant advised Plaintiff that the 

machine needed repairs and proceeded to repair the machine for delivery to the Plaintiff. After 

repairs were made, Plaintiff sent a third-party to inspect the machine. After this inspection, 

Plaintiff changed his mind, stated he no longer wanted the machine and requested a refund. The 

Defendant had expended significant costs to repair the machine at that time. There were no 

fraudulent or malicious representations made during this transaction; the Plaintiff decided to 

back out of the transaction after costs were expended on the subject machine. 

2. Lack of Requisite Intent. Defendant did not knowingly or intentionally act in 

any manner to purposefully hinder, delay, or defraud the Plaintiff. 11 U.S.C. §523 requires a 

showing of fraud. The Defendant complied with his end of the subject sale and had the 

equipment ready for the Plaintiff to take delivery. The Plaintiff then suffered a bout of buyer’s 

remorse and refused the equipment he purchased. This is not fraudulent behavior on part of the 

Defendant. The Plaintiff has failed to show any specific instances of unequivocal intentional and 

fraudulent conduct on behalf of the Defendant that would give rise to an exception of this debt 

from discharge. 

3. Failure to State a Cause of Action. Plaintiff’s complaint fails to state a cause of 

action for which relief can be granted. 

4. Attorney’s Fees. Defendant is entitled to an award of attorney’s fees if he 

prevails in this suit.

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5. Reservation of Rights. Defendant reserves the right to assert additional defenses 

upon further investigation and/or discovery.

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent, via 

CM/ECF, on April 26, 2021 to: Edmar Amaya, Esq., Counsel for Plaintiff, 

Edmar.amaya@edamlaw.com. 

CERTIFICATE PURSUANT TO 

LOCAL RULE 9011-4(B) 

I HEREBY CERTIFY that I am 

admitted to the Bar of the United 

States District Court for the Southern 

District of Florida and I am in 

compliance with the additional 

qualifications to practice in this Court 

set forth in Local Rule 2090-1(A). 

KINGCADE & GARCIA, P.A

Counsel for the Debtor

Kingcade Building

1370 Coral Way 

Miami, Florida 33145-2960

WWW.MIAMIBANKRUPTCY.COM

Telephone: 305-285-9100 ▪ Facsimile: 305-285-9542

/s/ Timothy S. Kingcade 

X Timothy S. Kingcade, Esq., FBN 082309

□ Wendy Garcia, Esq., FBN 0865478

□ Jessica L. McMaken, Esq., FBN 580163 

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