"Brent" is such a cracker-jack lawyer that he mangled the exact legal names of the corporate defendants on the original indictment, nice attention to detail there.
It's an interesting argument. The government's likely resposnse will be that the U.S. Bankruptcy Court does not profit or lose when it acts on behalf of a petitioner, at least not on a cash basis--you could argue that keeping a distressed business from being liquidated provides annuitized tax revenue in the future. If the Trustee succeeds in rehabilitating a distressed business, the resulting income (expense) is written to the books of the petitioner, not the government. At most, the Bankruptcy Court has a right to be compensated for court and administrative costs.