Our situation may be unique, in that the debtor was initiating a process in order to satisfy its obligations to the creditors, and that very process was intentionally sabotaged by the petition.
As long as it can be demonstrated that those steps were being taken, and were blocked by the lawsuit, perhaps the bad faith standard becomes relevant.
What is pertinent here is that this action was deliberately taken on the eve of the line of credit being issued which could have been used to meet the terms of the agreement and bring it up to date. The action made it impossible.
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