Quoted from Whysnow:no, actually it is secret knowledge because the people that really matter in this situation are the ones that had money stolen by Jpop. Sharing some info with the public could hurt ongoing litigation or negotiations.
Similarly the public only knows a very small part about what is going on with the SkitB debacle.
Nevertheless, there is a BIG difference here between the Kulek/SkitB situation and the Popadiuk/Zidware situation. Namely, Kulek is in an active Chapter 7 bankruptcy case, and Zidware, Inc. is not. The ground rules for anything in Kulek's case are determined by federal bankruptcy law, and that case is being overseen by a bankruptcy judge. No such constraints currently limit the Zidware parties in interest, but they could easily come into play in the very near future.
The Zidware situation is a legal minefield riddled with potential fraudulent conveyances and preferential transfers, and if American Pinball or the informal "owners group" attempts to move forward with what is effectively an out-of-court restructuring plan for Zidware that trips any of these legal mines, then the whole mess could collapse into bankruptcy as a way of unwinding any suspect transactions.
For example, anything that involves American Pinball owning or benefiting from the assets of Zidware, Inc. without paying for those assets in an arms-length transaction with proper notice to creditors and competitive bidding to maximize value for the Zidware estate could be construed as a fraudulent conveyance and could be nullified by a Chapter 7 bankruptcy trustee filing an avoidance action after the fact. Likewise, any proposed settlement that does not address *all* of Zidware's creditors (e.g., MG depositors, RAZA depositors, AIW depositors, parts suppliers, artists, programmers, taxing authorities, landlords, utility companies) could be construed as a preferential transfer that benefits a small subset of creditors at the expense of the remaining creditors of the Zidware estate and could also be nullified by a bankruptcy trustee filing an avoidance action after the fact.
I'm not suggesting that American Pinball or the informal owners group proceed with open negotiations on Pinside, because that would be incredibly unproductive (albeit entertaining), but they need to be aware of the potential pitfalls of moving forward behind closed doors without getting proper legal advice.