From the opinion, some encouragement from the judge for others to try a similar approach again:
> That said, we mean not to discourage lawyers from
being inventive and management from experimenting with
novel solutions. Creative crafting in the law can at times
accrue to the benefit of all, or nearly all, stakeholders. Thus
we need not lay down a rule that no nontraditional debtor could
ever satisfy the Code’s good-faith requirement.
> That said, we mean not to discourage lawyers from being inventive and management from experimenting with novel solutions. Creative crafting in the law can at times accrue to the benefit of all, or nearly all, stakeholders. Thus we need not lay down a rule that no nontraditional debtor could ever satisfy the Code’s good-faith requirement.