> The only reason this is even a possibility is the appreciation.
Sure, but the only reason we're even having this discussion is that MtGox fucked up. That isn't my fault.
Yes they did but to be fair to them they were never a bank or any sort of financial institution. They were "Magic the Gathering Online Exchange". They had wacky side projects like rewriting SSH in PHP. Why did anyone entrust them with real assets?
Bankruptcy means that the outcome of “all creditors getting what they were owed” is off the table. What is at issue is their fair disposition of what is left which is known to be inadequate to the ideal.
> Sure, but the only reason we're even having this discussion is that MtGox fucked up. That isn't my fault.
The only reason it would matter to you is that you entrusted something to MtGox. That, arguably, is your responsibility.
It's funny you mention this, because from what I can understand of Japanese bankruptcy proceedings[1], any excess assets remaining after paying off creditors would probably be given to the MtGox shareholders, which primarily consists of Mark Karpeles[2] alone. I believe the term surfacing in other circles is "unjust enrichment"[3][4].
[1] I am not a lawyer.
[2] https://en.wikipedia.org/wiki/Mark_Karpel%C3%A8s
[3] http://blogs.lawyers.com/attorney/bankruptcy/recovering-thro...