having the funds or not having the funds is irrelivent. If gox are sued and a court awards damages, those damages will have to be paid, even if it means Mark K's mummy selling her condo/yacht/theme park on the moon.
This is a very strong and totally wrong assumption.
First, there are some kinds of company (such as LLC) that eat up all debt and the owners are safe whatever happens.
Second, even if it's not the case, if the owner just doesn't have that much money, he doesn't, and you'll still get nothing.
Exactly, and that leads to the conclusion that to sue a totally blank company makes no sense, cause there isnt anything to get.
Ofcourse all under the precondition that we do KNOW what the financial condition is.