Helms v. Roti (In Re Roti)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding the defense of good faith inapplicable in an action for the turnover of property
• stating that Section 548 is analogous to the Illinois UFTA; thus, the court can look at Section 548 cases in analyzing cases under 740 ILCS 160/1 et seq.
• noting that “if the debtor does not have the right to possess or use property at the commencement of a case, a turnover action cannot be a tool to acquire such rights”
• factor to be considered in whether reasonably equivalent value was exchanged is good faith of the transferee
• \[The debtor's daughters'] subjective beliefs do not override the undisputed fact that they had the authority to withdraw the funds for their own purposes.\
• “[I]f the debtor does not have the right to possess or use property at the commencement of a case, a turnover action cannot be a tool to acquire such rights.”

Source: CourtListener parenthetical corpus (CC0).