2Upon the Notice of Motion and Motion of David Rubin and Henry Lan, solely in theircapacity as the Receivers for The Consumers Trust (“TCT”), and the Official Committee of Unsecured Creditors of TCT, as the Legal Representatives of TCT, and TCT, as LiquidatingDebtor (collectively, the “Plaintiffs”), dated May 29, 2008, for a default judgment, pursuant toBankruptcy Rule 7055, and summary judgment, pursuant to Bankruptcy Rule 7056, againstdefendants Adrian Roman, Justin Roman, Nicholas Roman, Eurofinance S.A., and CPPromotions, Ltd. (“the Defendants”), together with the affidavits of service thereof upon theDefendants; the Defendants not having answered or otherwise responded to the Complaint andbeing in default, and not having responded to the Motion or appeared at the hearing thereof; theCourt having reviewed the Complaint, Affidavits of Service, Clerk’s Entries of Default, Noticeof Motion, Motion, Statement of Facts as to Which There is No Genuine Issue to be Tried,Declaration of Jeff J. Friedman, and Declaration of David Stephenson, together with the exhibitsthereto; and the Court having determined that there is no genuine issue as to any material factand that Plaintiffs are entitled to judgment against the Defendants as a matter of law; the Courthereby finds and concludes as follows:
Findings of Fact
1. TCT was formed under the laws of England, pursuant to a trust deed dated March25, 2002 between Euro, as settlor, and Richard Caplan, Wesley Harrison, Andrew Davis, andDennis Bonley, as trustees (collectively, the “Trustees”). Euro was TCT’s sole residual equityholder at all times relevant to this proceeding. See Ex. 6;
Complaint ¶¶ 12, 28 (Ex. 1).
References in the form “Ex. __” or “Exs. __” are to the exhibits attached to the Declaration of Jeff J. Friedman, submitted in support of Plaintiffs’ motion.
The Defendants have not answered or otherwise responded to the Complaint, their time toanswer or otherwise respond has expired, and they are in default. Adversary No. 07-03138,Docket Entries 31–35. As a result, this Court treats the factual allegations contained in theComplaint as true.
07-03138-reg Doc 44 Filed 07/18/08 Entered 07/18/08 15:07:04 Main DocumentPg 2 of 28