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Saturday, March 3, 2018

Let's not forget the sheriff's common law son-in-law Jonathan Stebbins

IN THE UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA, NORTHERN DIVISION IN RE: PRICEVILLE PARTNERS, LLC, ___________________________________ Stuart M. Maples, Trustee for PRICEVILLE PARTNERS, LCC, Plaintiff, vs. JONATHAN STEBBINS, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 16-80675-CRJ11 ADVERSARY CASE NO. ____________ COMPLAINT COMES NOW the plaintiff Stuart M. Maples, Trustee for Priceville Partners, LLC ("Trustee"), and files this Complaint to recover Estate funds wrongfully paid to Defendant Jonathan Stebbins. Trustee states his grounds as follows: PARTIES 1. Priceville Partners, LLC (“Debtor”), is a debtor in this Court having filed a Chapter 11 Bankruptcy Petition on March 4, 2016. 2. On information and belief, Jonathan Stebbins is a resident of Alabama and is over the age of nineteen (19). JURISDICTION 3. This adversary proceeding is commenced pursuant to Rule 7001(1) of the Federal Rules of Bankruptcy Procedure. 4. This Court has subject matter jurisdiction in accordance with 28 U.S.C. § 1334. Case 16-80675-CRJ11 Doc 452 Filed 02/23/18 Entered 02/23/18 14:10:46 Desc Main Document Page 1 of 6 5. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409 as this is a core proceeding pursuant to 11 U.S.C. § 542 and 28 U.S.C. § 157. FACTUAL ALLEGATIONS 6. From June 2013 to February 2016, Gregory R. Steenson (“Steenson”) owned a 40% membership interest in Priceville Partners, LLC (“Debtor”), and essentially served as its General Manager for sales and related operations. In his capacity as such, Steenson had access to checks of Debtor, collected money for deposit into the banking account(s) of Debtor, and was authorized to use the credit card of Debtor for company purposes. Steenson, however, was never authorized to utilize assets of the Debtor for his personal benefit. 7. Debtor Priceville Partners, LLC also conducted business under the trade name “Performance Auto Sales” (PAS). 8. Steenson expanded the business of Debtor to open a Title Mart in Hartselle, Alabama. 9. Alyssa Franklin (“Franklin”) participated in the operation of the Title Mart in Hartselle, Alabama, as well as in Priceville Partners, LLC. 10. During the times covered in this Complaint, Franklin and Defendant Jonathan Stebbins (“Stebbins” or “Defendant”) held themselves out to be husband and wife. 11. On or about April 27, 2015, Stebbins bought a 2008 green Nissan Titan truck, VIN 1N6BA07G98N307901, from Performance Auto Sales for $5,500.00. 12. Steenson negotiated the above-referenced sale and signed the Bill of Sale as the Authorized Dealership Representative. 13. Debtor had paid $7,800.00 for the truck, VIN No. 1N6BA07G98N307901, originally. Case 16-80675-CRJ11 Doc 452 Filed 02/23/18 Entered 02/23/18 14:10:46 Desc Main Document Page 2 of 6 14. The sale to Defendant negotiated by Steenson represents a $2,300.00 loss to Debtor. 15. Steenson arranged financing of the vehicle by Debtor d/b/a PAS. 16. The interest rate Steenson charged Stebbins was well below industry standards, and there was no justification for the less-than-standard rate. 17. After two payments, on June 16, 2015, Stebbins requested and received an early payoff. 18. Franklin took the payment for Defendant on June 16, 2015. 19. Franklin did not have the authority to forgive Stebbins’s loan. 20. Stebbins received a debt forgiveness of $1,555.89. 21. The total loss to Debtor on the Nissan truck purchased by Defendant is $3,855.89. 22. Upon information and belief, the aforementioned under-market negotiated price, the lower-than-industry interest rate, and the early payment forgiveness, all of which represented a loss to Debtor, were for either satisfaction or partial satisfaction of a personal obligation owed by Steenson to the Defendant. 23. At the time of said business dealings, Debtor obtained no benefit from these business dealings between Steenson and Stebbins. 24. Steenson had no legitimate business purpose for negotiating the sale at a loss to Debtor, and that act was outside the scope of his authority as manager of the Debtor. 25. Steenson had no legitimate business purpose for giving Defendant the lower-thanindustry interest rate, resulting in a loss to Debtor, and that act was outside the scope of his authority as manager of the Debtor. Case 16-80675-CRJ11 Doc 452 Filed 02/23/18 Entered 02/23/18 14:10:46 Desc Main Document Page 3 of 6 26. Neither Steenson nor Franklin had any legitimate business purpose for earlypayment forgiveness, resulting in a loss to Debtor, and that act was outside the scope of Franklin’s position with Debtor and Steenson’s authority as manager of the Debtor. 27. These negotiations and business dealings benefiting Defendant Stebbins facilitated by Franklin, with whom Stebbins shared an intimate relationship, represent no benefit to Debtor and in fact represent an unjustified loss to Debtor. 28. At the time of said payments, Debtor did not owe a debt to Defendant Stebbins, and Debtor suffered a business loss as a result of the business transaction by Steenson and the loan forgiveness by Franklin. 29. To date neither the vehicle nor the money has been returned to Debtor. COUNT ONE UNJUST ENRICHMENT 30. Trustee re-alleges and incorporates all preceding paragraphs as if fully set forth herein. 31. Debtor received no benefit in exchange for the money represented by the aforementioned under-market negotiated price, the lower-than-industry interest rate, and the early payment forgiveness those payments described hereinabove, and Defendant was unjustly enriched by those exchanges and the resulting ownership of the vehicle. 32. Defendant is due to return the money described hereinabove. To date neither the vehicle nor the money have been returned to Debtor. WHEREFORE, Trustee prays for a judgment in favor of the Estate and against Defendant Jonathan Stebbins ordering the return to Debtor of the amount hereinabove described. Trustee requests such other, further, or different relief to which Debtor may be entitled, including but not limited to attorneys’ fees, costs, interest, and damages as the Court deems just and proper. Case 16-80675-CRJ11 Doc 452 Filed 02/23/18 Entered 02/23/18 14:10:46 Desc Main Document Page 4 of 6 COUNT TWO MONEY HAD AND RECEIVED 33. Trustee re-alleges and incorporates all the preceding paragraphs as if fully set out herein. 34. Defendant owes the Estate $3,855.89 because of money taken from the Estate and paid to Defendant with no benefit to the Estate. 35. Defendant holds money which in equity and good conscience belongs to the Estate and is due to be returned to the Estate. WHEREFORE, Trustee prays for a judgment in favor of the Estate and against the Defendant in the amount of $3,855.89. Trustee requests such other, further, or different relief to which Debtor may be entitled, including but not limited to attorneys’ fees, costs, interest, and damages as the Court deems just and proper. COUNT THREE FRAUDULENT TRANSFERS UNDER 11 U.S.C. § 548(a)(1)(B)(i)-(iv) 36. Debtor adopts and incorporates all preceding paragraphs as if fully set forth herein. 37. The transfer of the money was made while the Debtor was insolvent and/or contributed to Debtor’s insolvency, and Debtor received less than reasonably equivalent value in exchange, which transfer was fraudulent under § 548(a)(1)(B)(i)-(iv). 38. The transfer of the money was made within two years before the date of filing the petition. WHEREFORE, Trustee prays for a judgment in favor of the Estate and against Defendant ordering the return to Debtor of the amount of $3,855.89 as hereinabove described. Trustee requests such other, further, or different relief to which Debtor may be entitled, including but not limited to attorneys’ fees, costs, interest, and damages as the Court deems just and proper. Case 16-80675-CRJ11 Doc 452 Filed 02/23/18 Entered 02/23/18 14:10:46 Desc Main Document Page 5 of 6 /s/ Stuart M. Maples STUART M. MAPLES MAPLES LAW FIRM, PC 200 Clinton Avenue West, Suite 1000 Huntsville, Alabama 35801 (256) 489-9779 – Telephone (256) 489-9720 – Facsimile smaples@mapleslawfirmpc.com DEFENDANT TO BE SERVED AT THE FOLLOWING: Jonathan Stebbins 227 Mountain Creek Drive Madison, Alabama 35757 Case 16-80675-CRJ11 Doc 452 Filed 02/23/18 Entered 02/23/18 14:10:46 Desc Main Document Page 6 of 6

4 comments:

  1. If I remember correctly, Stebbins has been arrested before, but I can’t remember why. So why was it,, Glenda? Why was he arrested?

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  2. Look it up ass hole. Why do you keep asking the whistleblower stuff that is already out there.

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  3. Wait, wait, didn’t he get arrested for beastiality or something like that? Oh, nevermind, that was just Alyssa.

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    Replies
    1. who even thinks of something like that?. this blog is complete filth. I came here to read up and see if this blog had ANY truth, but I see now, that it’s just a bullying, piece of trash blog by someone scorned by someone else and you decide to pick on everyone associated with her. I’ve never in my life, seen grown people act and talk the way this blog/the comments are. Whoever partakes on this page, that’s above the age of 12, should be ashamed. I’m embarrassed I typed this website in. also I see that you jump on people that comment something you don’t approve of- so rest assured, I learned my lesson and I won’t be visiting it again. No need in bullying me. Get a job.

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