As you are aware, BST is in default. That means previously existing arrangements no longer apply and are irrelevant.
No, it doesn't. BST and BitcoinMax are two different entities, and Bitcoinmax's customers claims have to go to Payb.tc, not Pirate. When Bitcoinmax defaults because BST did that is Payb.tc's problem.
http://online.wsj.com/article/SB10001424052970203513604577142602812291424.html