I checked back and can't believe you sill debated this point. If they weren't insolvent, then filling the gap wouldn't have been a burden! You can't have it bo

I checked back and can't believe you sill debated this point. If they weren't insolvent, then filling the gap wouldn't have been a burden! You can't have it both ways -- scream bloody murder that were hobbled by this requirement, but then also insist that they had the means to satisfy this requirement. You're right that maybe with a new rate structure they would have become solvent, but "solvency" is a "right now" question, not a "hypothetical post-restructure" question. Lots of orgs could become solvent if they could shuck off or restructure debt, but they still get called insolvent.