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.
The fact is we know nothing of fact. sue.
What sucks even more is we cant get any facts.
We won't know anything of fact until an official authority makes a statement. this will happen. there won't be a buyer for gox. law authorities/IRS or similar will give us the facts, long after the 'we still don't know' phase, and if gox are not sued, then the future earnings of those concerned, is safe as houses.
I see no reason why anyone would be of the (sane) mind that suing a company who has stolen your money, is not a good idea
You can make assumptions until doomsday, but without a day in court, you will still be looking forward to doomsday.