Delaware's not in japan. The US govt has already seized some Gox funds. If a case were won in Delaware, the funds could potentially be accessed from the seizure.
Yes, especially if you make the argument that under the Japan Payment Services Act, you're a secured creditor and some of the seized money is not just owed to you, it's actually yours.
However I'm not sure any of all that is necessary, people will get their funds, just give it time.
After
90 days, that's wishful thinking.