I don't disagree with you regarding this but I don't think the claims processing can be legitimately restarted until all of the promised funds have been returned by Chen.  If Bitcoinica starts paying people pro-rata today based on what's been promised and then those funds are not recovered, they will not be in a position to treat all creditors equally and that will create yet another legal shitstorm. 

They could pay a percentage based on funds on hand right now and then make further payments as additional funds become available, but it's not an efficient way to handle the process and every extra step introduces more possibility of additional fuck ups.

I would feel differently if those who want Bitcoinica to restart the payment process before all of the promised funds have been delivered by Chen were undertaking to pay any short-fall themselves in the event that Chen returns only part of what's been promised.