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Complaint filed in Sturgill bankruptcy
A federal bankruptcy trustee has filed a complaint alleging that the
owner of a former Wayne County houseboat company fraudulently hid the
ownership of a helicopter and other assets from creditors.
A story published last week in the Lexington Herald-Leader noted that
the complaint has been filed against John R. Sturgill, who owned Fantasy
Custom Yachts, by Richard F. Clippard, federal bankruptcy trustee for the
Kentucky-Tennessee region. The complaint also alleges that Sturgill funneled
income to his wife that should have been his.
The complaint seeks to bar Sturgill from having his debts wiped away
under his Chapter 7 bankruptcy request. According to his bankruptcy
petition, Sturgill owes creditors nearly $2.2 million. That includes a
number of local businesses who were owed money by Sturgill.
Sturgill listed assets of only $21,901, when he filed for personal
bankruptcy in April 2004. Twenty-thousand dollars of that was in a 401K
account.
The motion is a civil enforcement action, and a hearing has been
scheduled for June 23 in London, according to the article.
According to the complaint, Sturgill also owned a company called
Sturgill Management that provided sales and other services to Fantasy, his
houseboat company. Before Fantasy shut down, Sturgill bought a helicopter to
be owned by the management company.
The article noted that Sturgill sold the management company a few months
before filing bankruptcy. It was purchased by a friend for $9,600. The
friend later sold the management company back to Sturgillıs wife, Sally, for
$12,692. The complaint alleges that the management company had a net worth
of $180,000, including equity in the helicopter and a $100,000 certificate
of deposit, at the time it was sold back to Sally Sturgill.
The federal complaint also alleged that John Sturgill kept control of
the helicopter and the management company throughout the time it was owned
by his friend and transferred more than $150,000 from his houseboat company
to the management company after the sale.
The complaint also states that Sturgill diverted money that should have
been his to his wife. For instance, the month before Fantasy closed,
Sturgill sold a boat to a friend for $443,520. A month later the boat was
sold for $650,000 and the friend gave Sturgillıs wife $132,000.
³This money should have been John Sturgillıs, but he used a third party
to take the money out of the hands of the creditors of his failing business,
and safely into his wifeıs hands,² the complaint states.
The complaint states that after Fantasy Custom Yachts closed, Sally
Sturgill and a partner invested $500,000 each to form a houseboat
manufacturing company called Botewerks LLC. It opened for business in
January 2004, doing business as Fantasy Yachts, in one of the buildings
where Fantasy Custom Yachts had operated.
The complaint states that John Sturgill deflected income to his wife
after Botewerks was formed. It contends that Sturgill continues to run
day-to-day operations of the company without pay, while Sally Sturgill draws
a large ownership salary.
Sturgill told the Lexington Herald-Leader that he did not engage in any
fraudulent transactions, and that the civil complaint is based on false
information from disgruntled former employees or a part-owner with whom he
had a falling out.
Sturgill said that Fantasy Custom Yachts had done well for several
years, but suffered an economic downturn following the September 11, 2001
terrorist attacks.
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