Well there is the grey area.  Zeusminer is having problems because they promised certain specs but then changed them after the no refund window.  It screwed a lot of customers that now can't run the units because they don't have the capacity at their homes.  Does the product work, yes.  Is it what was quoted, no.  So that is when you have to get ahold of a lawyer.    

If the go bankrupt them it is the competence of management that is at fault.  I believe they may be held liable because the sold a product that they could not produce.  SO again you contact a lawyer.