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RE: SEC v. Today’s
Growth Consultant,
Inc (dba “The Income
Store”) and Kenneth
D. Courtright, III,
Civil Action No.
1:19-CV-08454 –
Notice of Sale of
Receivership Assets
Date: May 13, 2021
On May 7, 2021, the
United States
District Court in
the SEC Enforcement
Action involving
Today’s Growth
Consultant, Inc.
(d/b/a The Income
Store) (“TGC”)
entered an Order
granting the
Receiver’s Motion to
Approve Sale of
Estate Assets.
The Receiver’s
Motion to Approve
Sale of Estate
Assets and the
Court’s Order
granting that
Motion (and the
Order modifying that
Order to change the
sale date and notice
period) are
available for review
on the Receivership
website:
www.IncomeStoreReceivership.com.
Pursuant to the
Court’s Order, the
Receiver is
authorized to
liquidate the Assets
of the Receivership
Estate via online
auction sale to be
held on June 10,
2021. The
primary asset of the
Receivership Estate
is a domain
portfolio made up of
approximately 2,989
website domains.
The assets also
include trademarks,
affiliate marketing
accounts with
Amazon, Walmart, and
AdSense, etc., as
well as electronics
and office
furnishings
(collectively with
the domain
portfolio, the
“Assets”).
The Receiver has
received Court
approval to (i)
retain the services
of Right of the Dot,
LLC, a company that
offers domain
brokerage and
auction sale
services, to conduct
an online auction
sale of the Assets,
and (ii) sell the
Assets to the
winning bidder of
the auction sale.
Right of the Dot,
LLC will assist the
Receiver in
soliciting bids from
potential buyers
with a starting bid
price of two million
five hundred dollars
($2,500,000.00)
(“Starting Bid
Price”) for a bulk
purchase of all the
Assets.
The auction sale
will be advertised
to potential buyers.
Right of the Dot,
LLC will provide
sufficient
information for
potential bidders to
conduct due
diligence regarding
the Assets and will
establish a website
for the auction sale
that will host
information and
documentation
regarding the
Assets.
Potential bidders
may visit this
website to learn
about and conduct
due diligence on the
Assets. Right
of the Dot, LLC will
solicit bids from
potential buyers who
demonstrate their
willingness and
ability to bid on
the Assets. If
a potential bidder
demonstrates that it
is ready, willing,
and able to submit a
bid for the Assets
at or above the
Starting Bid Price
by executing a
non-affiliation
declaration,
entering into a
non-disclosure
agreement regarding
the Assets, and
posting an earnest
deposit of fifty
thousand dollars
($50,000.00), such
potential bidder
will be considered a
Qualified Bidder.
If Right of the Dot,
LLC receives a bid
from at least one
Qualified Bidder, an
online auction sale
of the Assets as one
combined lot will be
held on June 10,
2021. If Right
of the Dot, LLC does
not receive a bid
from a Qualified
Bidder before the
auction sale, the
Receiver will work
with Right of the
Dot, LLC to separate
the Assets into
individual and
separate lots to be
auctioned off
individually at an
auction sale at a
later date.
The Notice to
Investors and Other
Interested Parties
of Auction Sale of
Receivership Assets,
a brief summary of
the Auction Sale and
description of the
Assets, as well as a
list of the Assets
of the Receivership
Estate that will be
sold at the auction
on June 10, 2021 are
available to
download at the
following links:
**Notice to
Investors and Other
Interested Parties
of Auction Sale of
Receivership Assets
and Other Related
Information**
**Summary of the
Auction Sale and
Assets of the
Receivership
Estate**
If you have any
questions about the
Auction Sale of the
Assets, please
contact the Receiver
at:
Melanie E. Damian,
Receiver
Income Store
Receivership Estate
c/o Damian & Valori
LLP
1000 Brickell
Avenue, Suite 1020
Miami, Florida 33131
Email: IncomeStore@dvllp.com
Telephone:
305-542-4410
Thank you.
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RE: SEC v. Today’s Growth
Consultant, Inc (dba “The Income Store”) and Kenneth D.
Courtright, III, Civil Action No. 1:19-CV-08454 - Legal
Notice and Claims Form for Receivership Claims Process
Date: December 15, 2020
On
November 30, 2020, the United States District Court in
the SEC Enforcement Action involving Today’s Growth
Consultant, Inc. (d/b/a The Income Store) entered an
Order granting the Receiver’s Motion to Approve (A)
Noticing and Claims Administration Process and (B)
Partial Plan of Distribution.
A
copy of the Court’s Order is available for review on the
Receivership website:
www.IncomeStoreReceivership.com.
The Court’s Order requires
that, by December 15, 2020, the Receiver send to
potential claimants (including investors and creditors
of The Income Store) a Legal Notice of the Claims
Administration Process and Partial Plan of Distribution
and a Proof of Claim and Release Form (collectively
known as the “Claims Package”). Claimants must complete
and return to the Receiver the Proof of Claim and
Release Form on or before
January 14, 2021, the
Claims Bar Date. Any completed Proof of Claim and
Release Form not postmarked by the Claims Bar Date will
be barred, and any Proof of Claim and Release Form
postmarked after
the Claims Bar Date will not be allowed
except
for good cause shown.
The Claims Package is
available to download at the following link:
**Legal
Notice of the Claims Administration Process and Partial
Plan of Distribution and Proof of Claim and Release Form**.
Please carefully review the Legal Notice of the Claims
Administration Process and Partial Plan of Distribution,
complete and sign the Proof of Claim and Release Form,
and gather all documentation that supports your claim.
You must send by email, U.S. mail, FedEx or other
express delivery service, or other secure method of
delivery, your completed and signed Proof of Claim and
Release Form with all supporting documentation,
postmarked on or before January 14, 2021,
to the Receiver at the following physical or email
address:
Melanie E. Damian, Receiver
The Income Store Receivership Estate
c/o Damian &
Valori LLP
1000 Brickell Avenue, Suite 1020
Miami,
Florida 33131
IncomeStoreClaims@dvllp.com
The Claims Package is also
available for download on the Receivership website:
www.IncomeStoreReceivership.com.
If you
have any questions on how to complete the Proof of Claim
and Release Form,
please review the instructions provided in the Legal
Notice of the Claims Administration Process and Partial
Plan of Distribution or contact the Receiver at:
Melanie E. Damian, Receiver
Income Store Receivership Estate
c/o Damian &
Valori LLP
1000 Brickell Avenue, Suite 1020
Miami,
Florida 33131
Email: IncomeStoreClaims@dvllp.com
Telephone: 305-542-4410
Thank you.
Re:
Securities and Exchange Commission v. Today’s
Growth Consultant, Inc (dba “The Income Store”) and
Kenneth D. Courtright, III, United States District Court
for the Northern District of Illinois, Civil Action No.
1:19-CV-08454
Date:
January 6, 2020
Attached is a
Temporary Restraining Order Freezing Assets and Imposing
Other Emergency Relief and Order Appointing Receiver
that have been entered in the above referenced matter.
The Court has
determined that the appointment of a receiver is
necessary and appropriate for the purposes of marshaling
and preserving the books and records and all assets of
Today’s Growth Consultant, Inc.
Within the
next few days a website will be established that will
provide court documents and other information regarding
the case that will answer many of your questions. For
additional information, you may contact the office of
the Receiver at (305) 542-4410 or incomestore@dvllp.com.
Temporary Restraining Order.pdf
Order Appointing Receiver.pdf
Re: Securities and
Exchange Commission v. Today’s Growth Consultant, Inc
(dba “The Income Store”) and Kenneth D. Courtright, III,
United States District Court for the Northern District
of Illinois, Civil Action No. 1:19-CV-08454
Date: January 17, 2020
The Receiver has established the website
www.incomestorereceivership.com to provide court
documents, important dates, and helpful information
regarding the case to help answer many of your
questions. All future information will be provided
via the website. Please visit the website for
updated information on the case proceedings and if you
have additional questions you may contact the office of
the Receiver at (305) 542-4410 or
incomestore@dvllp.com.
For your
immediate reference, attached hereto is a copy of
Temporary Restraining Order Freezing Assets and Imposing
Other Emergency Relief and Order Appointing Receiver
that have been entered in the above referenced matter.
Temporary Restraining
Order.pdf
Order Appointing
Receiver.pdf
Re: Securities and Exchange
Commission v. Today’s Growth Consultant, Inc (dba “The
Income Store”) and Kenneth D. Courtright, III, United
States District Court for the Northern District of
Illinois, Civil Action No. 1:19-CV-08454
March 10, 2020
Good
afternoon:
The
Receiver has filed with the Court in the
above-referenced matter a Notice of Amendment to
Proposed Noticing and Claims Administration Process. The
Notice amends one eligibility requirement proposed in
the Receiver’s Motion to Approve (A) Noticing and Claims
Administration Process and (B) Partial Plan of
Distribution, and the Legal Notice and Proof of Claim
form attached as Exhibits to the Motion, to provide the
Receiver with discretion to allow the claim of a former
employee or contractor of Today’s Growth Consultant,
Inc. d/b/a The Income Store, under appropriate
circumstances as determined by the Receiver.
A copy of the Notice and the
Motion to Approve (A) Noticing and Claims Administration
Process and (B) Partial Plan of Distribution can be
viewed on the Receiver’s website,
incomestorereceivership.com.
The
U.S. District Court has set a deadline of March 16, 2020
for any investor or other interested party to submit to
the Court or to the Receiver an objection to, or comment
regarding, the Receiver’s proposed claims process and
partial distribution plan, as modified by the Notice.
For
questions, you may contact the office of the Receiver at
(305) 542-4410 or
incomestore@dvllp.com.
March 12, 2020,
It has been communicated to
the Receiver that there is some confusion regarding the
nature and purpose of the March 16, 2020 deadline. This
correspondence will attempt to provide some clarity on
the deadline and the process moving forward.
On
February 28, 2020, the Receiver filed “Receiver's Motion
to Approve (A) Noticing and Claims Administration
Process and (B) Partial Plan of Distribution” (the
“Motion”). A copy of the Motion and the Exhibits thereto
can be found on incomestorereceivership.com towards the
top of the Home page and under the tab, “Court Filings”.
The Motion outlines the Receiver’s proposed procedure
for recovering assets for the Receivership Estate and
establishing a claims process by which investors and
creditors may file a claim against the Receivership
Estate.
Prior to ruling on the Motion and approving the
Receiver’s proposed plan, the presiding U.S. District
Court Judge entered an Order permitting investors and
creditors to object to the Receiver’s proposal. If an
investor or creditor wishes to make an objection to the
Receiver’s proposal set forth in the Motion, said
objection must be filed with the Court or sent to the
Receiver by March 16, 2020.
If there are no objections or
if all objections are resolved and the Court grants the
Motion and approves the Receiver’s proposal, the
Receiver will use her best efforts to notify all known
investors and creditors of the Estate using two
documents; Legal Notice of Claims Administration Process
and Plan of Distribution, and Proof of Claim and Release
Form. For a detailed explanation of this process, please
review Pages 5-6 of the Motion. These documents will
provide a timeline of events including the final date by
which all investors must submit their Proof of Claim.
The proposed drafts of these documents are available at
incomestorereceivership.com under the tab, “Court
Filings”, as Exhibit A and Exhibit B to the Motion
respectively. Please note that the “DEADLINE” dates
listed on Page 6 of Exhibit A are currently blank as
these dates are not set at this time. Only upon the
Court’s approval of the Receiver’s proposed claims
process will these dates be set.
Please note that the March 16, 2020 deadline is not the
deadline to submit your Proof of Claim. The deadline to
submit your Proof of Claim is not set at this time.
Please review the below additional Frequently Asked
Questions to help answer other questions that you may
have:
1.
What do I have to do by March 16, 2020? At this time,
nothing is required from you unless you plan on
objecting to the Receiver’s proposal. In which case,
your objections must be submitted either to the Court or
to the Receiver by March 16, 2020.
2.
If I made more than one investment and, as a result,
have more than one contract, am I able to sign a release
for one contract and not the other? You will likely be
able to submit a claims form for each contract that you
had with the Income Store provided that you invested
separately for each contract.
3.
Am I able to see the revenue that my assigned website
was generating during the time it was being managed by
the Income Store? Yes. If you would like to review this
information please send e-mail correspondence to
incomestore@dvllp.com with the following information:
(1) the name of your website(s), and; (2) the time frame
for which you are inquiring.
4. If I choose to sign a
release, will I be provided with the passwords to the
social media accounts associated with my assigned
website? Yes, provided that the social media accounts
were created for your website and your website only.
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