I’d assume the law is smarter than this, because companies would otherwise continually spin of new corporations to get rid of their liabilities with no assets as a sort of lightning rod for lawsuits.
When you create an SPV after-the-fact, you have to go back and reverse-engineer a separation of liabilities from documents that don't specify whether they're work done for the organization or the SPV (because the SPV didn't exist.)
It's like a divorce. (Or, for an even more on-the-nose analogy, it's like trying to use a condom after-the-fact by extracting any bodily contamination and putting it in the condom.)