Q:
What are the terms of the Settlement with
Heartland Bank and Trust?
A: The Receiver entered into a
Settlement with Heartland Bank which will result
in an immediate net recovery to the Estate of
over $6 million. The full details of the
Settlement and the Motion to Approve
Distribution Plan are on the receivership
website under the Court Filings tab at https://incomestorereceivership.com/.
In addition, please review the Notice of
Settlement and Bar Order posted on the homepage
of the receivership’s website. This Bar Order
may affect your rights.
Any objection to the Settlement or the Bar Order
or any related matter, must be filed, in
writing, with the District Court in the
above-captioned action, and served by email or
regular mail, on the Receiver’s counsel at,
Thomas A. Culmo, DAMIAN | VALORI | CULMO, 1000
Brickell Avenue, Suite 1020, Miami, FL 33131, or
tom@culmolaw.com, no later than June
30, 2023.
Q:
Will the Receiver distribute the settlement
proceeds of that Settlement to investors?
A: Yes. The Receiver has asked
the Court for permission to distribute
approximately, $7 million to investors with
approved claims as soon as the Settlement is
approved by the Court and the settlement funds
are received. This means that if the
Settlement is approved by the Court, an initial
distribution of approximately 10% of approved
claims will be made.
Q:
When will the Court decide whether to approve
the settlement and the initial distribution?
A:
The Court will hold a hearing on the motion to
approve the settlement and the distribution on
July 14, 2023, at 10:00 a.m. Central Time.
Q: When will the Receiver make
the distribution?
A:
If the settlement and the distribution is
approved at the July 14th hearing,
then the Receiver will send the funds by check
mailed via U.S. first class mail in late August
or September 2023.
Q: Will this be the only
distribution made to investors?
A:
We anticipate that this will be an initial
distribution and we expect to make a
final distribution upon the conclusion of all
lawsuits that the Receiver has brought on
behalf of the Estate against third parties.
Q:
Is there anything else I need to do to receive
my distribution?
A:
If you have already filed a claim with the
Receivership Estate there is nothing more you
need to do at this time to receive a
distribution, except please confirm and/or
update the address where you want to receive
your distribution check by sending an email to
IncomeStoreClaims@dvllp.com.
Q:
Will I also receive a distribution from Kenneth
Courtright or only from the Receiver?
A: The
Receiver was only appointed as receiver over
Todays Growth Consultants Inc. and its assets.
She does not have control over Kenneth
Courtright’s personal assets. Therefore, she
only has authority to marshal, liquidate and/or
make distributions from the assets of Todays
Growth Consultants Inc.
Q:
What is the status of the Securities & Exchange
Commission enforcement action against Kenneth
Courtright?
A:
The enforcement
action is stayed and cannot proceed until the
conclusion of the criminal case against Kenneth
Courtright. The trial in the criminal case
against Kenneth Courtright’s is set to begin on
June 26, 2023, in the Federal Court in the
Northern District of Illinois. The Receiver is
not informed as to when or how the Securities &
Exchange Commission will proceed with the
enforcement action after the conclusion of the
criminal trial.
Q:
I have additional
questions. How can I reach the Receiver or her
representatives?
A: You can contact the
Receiver and/or her legal counsel, Thomas
Culmo, Esq. or Connor Healey, Esq., at (305)
542-4410 or by email at
IncomeStoreClaims@dvllp.com.
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