Seen this one, What Happens If Europe Crushes the Swap Market?

I don’t believe it is possible to get away CDS triggering because a loss is qualified of voluntary, it doesn’t make any sense. I can’t imagine any court going there. It has all the characteristics of an abuse and will result into court decisions whether or not the conditions economic and financial leading to a default are or not fulfilled? How can it be justified to accept voluntarily a loss nearing 50% off the inability for the debtor to fully honor his part of the contract which characterizes the default? Whether or not some parties volunteer the losses doesn’t have the ability to change the true nature of the inability for one party at the contract to fulfill its obligations?

Am I clear? I mean if u had to judge it?