Quoted from Ten31:Not always. Depending on the laws where the company was incorporated. Under capitalization can pierce the corporate veil. It takes lawyers to go after these sorts of things. But it's probably time consuming and the legal fees probably are going to offset any legal judgement which is why it rarely happens. But, again, it depends on jurisdiction.
Point still remains the same. Even though there is stuff that seems obvious mismanagement.. and would seem like an obvious slam dunk way to say 'this will never stand'... it's no means an assured thing. I mean Zidware's business plan wasn't just under capitalized, it was not even a viable business. The man probably never made a single clean transaction in the life of the business... yet it survived not only bankruptcy court, but allowing him to transfer those ill gotten assets to another party... and to have those assets sold AGAIN in yet another bankruptcy. And that was with domestic customers not only interested in pursuit, but actively suing the guy and company.
They got a win against JPOP personally, but he filed for bankruptcy and had transferred the IP to deeproot FOR HIS OWN PERSONAL GAIN (paying for his defense). It took 7 years.. and at the end of the day the customers ended up getting a few storage units worth of left over junk as settlement.
7 years, with domestic litigants, and friendly lawyer on the deal.. against a guy with very little.
Here, we have international customers, probably less customers involved, with probably less money, and against a guy we already have hints of trusts and other shields being raised.
Look at Deeproot where the scale is tens of millions... and way more deception... and we can only hope criminal law will catch up to Robert. Civil has deflated to meh. How much money from customers do we really think was lost with Haggis? 100k? 200k? I would struggle to see even that much.. but would love to hear otherwise.