Sure, "all" that is required is that liabilities outweigh assets. So must Acme Co. go into receivership?
But Moneybags the CEO wrote himself a check for all the cash on hand, and is keeping the cash in his deposit account, which is actually greatly outweighing liabilities -- so do we see Acme go to receivership? Or does a Court block that move and order Moneybags to give back the money hence bringing assets above liabilities?
(If you want, then add in that Congress wrote a bill saying in this one case that Moneybags could take the money... etc etc adding similarities to our case like fake accounting reports...).
Pretty clear Acme will not go into receivership in that case.
How close FnF are to Acme is obviously an issue we are yet to fully resolve in the Courts, including all the issues about constitutionality of various actions and entities. I look forward to the Delaware Courts, Sweeney's ruling and/or SCOTUS's deliberations...
But your claim about how simple it is to get to receivership is very superficial.
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