i dont know legal jargon, precedent case law etc, but one test...

i dont know legal jargon, precedent case law etc,
but one test something about whether or not

Page 10
"DEBTOR’S BANKRUPTCY FILING FAILS THE LAGUNA ASSOCIATES TEST...
...the Court ofAppeals for the Tenth Circuit adopted the eight-factor test for a bad faith filing...

....Sixth Circuit articulated an eight-part test for bad faith bankruptcy filings:
(1) the debtor has one asset;"

While Helper has no commercial value at present, it is an asset. So time invested can turn that asset into value.

So that might be their escape from claws clause.??