________________________

Leiderman Shelomith Alexander + Somodevilla, PLLC

Miami | Fort Lauderdale

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

Fort Lauderdale Division

www.flsb.uscourts.gov

In re:

EMMA BUMSHTEYN,

Debtor.

___________________________________/

Case No. 18-23930-BKC-PDR 

Chapter 7

KENNETH A. WELT, Chapter 7 Trustee,

Plaintiff,

vs.

EMMA BUMSHTEYN and YEVGENIYA 

BUMSHTEYN, both Individually and as Trustee 

of the Bumshteyn Family Irrevocable Inter 

Vivos Trust,

Defendants.

____________________________________/

Adv. Case No. 21-01069-PDR 

PLAINTIFF’S RENEWED MOTION TO STRIKE DEMAND FOR JURY TRIAL

AND AFFIRMATIVE DEFENSES

Plaintiff, Kenneth A. Welt, Chapter 7 Trustee (the “Plaintiff”), by counsel, pursuant to this 

Court’s Order Setting Status Conference and Establishing Procedures and Deadlines [ECF No. 3] 

(the “Order Setting Deadlines”) and Order Reserving Ruling on Motion to Strike and Motion to 

Transfer and Setting Further Deadlines [ECF No. 31] (the “Order Reserving Ruling”), requests the 

Court enter an order: (a) striking the Defendants’ demand for a jury trial, as set forth in the Answer 

of Emma Bumshteyn and Yevgeniya Bumshteyn (Trial by Jury Demanded) [ECF No. 39] (the 

“Answer”); (b) striking the footnote in the Answer, indicating that Defendant Yevgeniya 

Bumshteyn does not submit or consent to the jurisdiction of this Court; (c) striking Affirmative 

Defense No. 2 (Lack of Jurisdiction); and (d) striking Affirmative Defense No. 4 (Plaintiff Lacks 

Standing), and in support thereof, states as follows:

1. On April 26, 2021, the Plaintiff filed his original Motion to Strike Demand for Jury 

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________________________

Leiderman Shelomith Alexander + Somodevilla, PLLC

Miami | Fort Lauderdale

Trial and Affirmative Defenses [ECF No. 8] (the “Original Motion to Strike”).

2. The hearing on the Original Motion to Strike took place on July 1, 2021 at 1:30 

p.m. [ECF No. 26] (the “July 1st Hearing”). At the July 1st Hearing, it was contemplated that the 

Court would reserve ruling on the Original Motion to Strike, to allow the Plaintiff to file an 

Amended Complaint, for the Defendants to respond to same, and for the Plaintiff to renew his 

Original Motion to Strike thereafter.

3. The Order Reserving Ruling, which was entered as a result of the July 1st Hearing,

instructed the Plaintiff to file an Amended Complaint on or before July 8, 2021 and instructed the 

Defendants to file a responsive pleading to the Amended Complaint on or before July 22, 2021.

4. The Plaintiff filed his Amended Complaint on July 8, 2021 [ECF No. 30].

5. The Defendants filed their Answer on August 5, 2021 [ECF No. 39]1.

6. The Order Reserving Ruling also stated that “[t]he Plaintiff shall have 14 days after 

the filing of the [Answer] to file a Renewed Motion to Strike, which may incorporate the original 

Motion to Strike by reference and include supplemental briefing.”

7. The Plaintiff incorporates the Original Motion to Strike by reference herein, in its 

entirety.

8. The Defendants’ Answer does not raise any additional issues that would otherwise 

affect the arguments set forth in the Original Motion to Strike or the Plaintiff’s Reply to 

Defendant’s Response to Motion to Strike Demand for Jury Trial and Affirmative Defenses [ECF 

No. 25], which is also incorporated herein by reference.

9. As such, the Plaintiff stands on these pleadings, as they now relate to the Answer 

to the Amended Complaint.

1 The Defendants requested an extension of time to file their Answer, to August 5, 2021 [ECF No. 36], which 

was granted on an agreed basis [ECF No. 37].

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________________________

Leiderman Shelomith Alexander + Somodevilla, PLLC

Miami | Fort Lauderdale

WHEREFORE, the Plaintiff respectfully requests the Court enter an order: (a) striking the 

Defendants’ demand for a jury trial in the Defendants’ Answer; (b) striking the footnote in the 

Answer, indicating that Defendant Yevgeniya Bumshteyn does not submit or consent to the 

jurisdiction of this Court; (c) striking Affirmative Defense No. 2 (Lack of Jurisdiction); (d) striking 

Affirmative Defense No. 4 (Plaintiff Lacks Standing); and (e) granting such other and further relief 

as the Court deems just and proper.

Dated: August 19, 2021 LEIDERMAN SHELOMITH

ALEXANDER + SOMODEVILLA, PLLC

Attorneys for the Plaintiff

2699 Stirling Road, Suite C401

Ft. Lauderdale, Florida 33312

Telephone: (954) 920-5355

Facsimile: (954) 920-5371

By:_________/s/______________

ZACH B. SHELOMITH

Florida Bar No. 0122548

zbs@lsaslaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing motion was served on

August 19, 2021 to all parties on the list to receive e-mail notice/service for this case, via the Notice 

of Electronic Filing (which is incorporated herein by reference).

By:_________/s/________________

Zach B. Shelomith

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