This article is a good read about what has happened before after the hack and as well as where the recovered bitcoins must go.
Article:
Who gets the $3.6BN in Bitcoin US seized in Bitfinex hack?It's actually a developing story and we still need to wait further for the decision about it. It is not only bitfinex that will decide on this, do they or not?
It really make the situation critical after reading that. Both the parties are claiming but the tokens they distributed in compensation at the time of hack was at $1 and is still around there. While bitcoin rose up much higher.
Bitfinex also made another token which were the share of the coin holders and they said that they will refund according to that share. It may help the process to work out.
Now for those who say that the compensated coin is still there while their bitcoin rose high up then at that time bitfinex paid the amount in token worth of equal to their bitcoins. So the bitcoin holders were free to buy back bitcoin the same amount as they had.
Still the situation is waiting for the results and the community is waiting to see that how a situation like this is resolved.
Exactly, that's what the article has said on what Bitfinex had done just after the hack. Now that the bitcoins have recovered, I don't know how they're going to react on it or they already have a master plan on how to deal with the victims that are contesting those recovered bitcoins.
I think it's lawful that they just return the recovered bitcoin and the government might be on the customer's side. But, who knows on which side they're going to be part of.