We're way past day 40.  The "hiatus on withdrawals" started on June 20, 2013. This is day 90.

90 days is an important milestone. As a rule of thumb, a business creditor that's 90 days behind will probably never pay without coercion.

There are ways to apply pressure to Mt. Gox.  If Mt. Gox owes you money, file complaints with the Japan Financial Services Agency, the US Securities and Exchange Commission, the small claims court in Delaware, and the Japan Payment Service Association (website for complaints: www.s-kessai.jp). Contact reporters at Forbes, Business Week, the Wall Street Journal, and Nikkei Sangyo Shimbun.

If you're out of Mt. Gox but paid a premium to get out, a suit in Delaware Small Claims Court for any extra fees you paid might be useful.