Bitfloor might also be protected by an LLC or something too, in which case, a lawsuit wouldn't matter.
Clarification. An LLC (or incorporation) doesn't protect the company. It provides liability protection for the owners. The reality is that like most Bitcoin based companies Bitfloor doesn't have any "real" (tangible) assets. You can't get blood from a stone. Unlike a company which has warehouses, inventory, office equipment, etc which can be liquidiated Bitfloor assets would be limited to the brand (which would be destroyed in a bankruptcy), and the code plus any operating capital. Bitfloor has paid out excess operating capital on a quarterly basis so I doubt you are getting more there.
The reality is a lawsuit is in nobody best interest. Between court costs, legal fees (including Bitfloor's legal fees which will deplete operating capital) even if one got a judgement for the full amount it simply means Bitfloor would be forced into bankruptcy and creditors would be lucky to get 5 cents on the dollar. The liquidated value of Bitfloor (as opposed to operating value) is very low.
For those ganshing at the teeth for a lawsuit here is a practical excercise.
1) Estimate the cash on hand (both BTC & USD) that bitfloor has
2) Estimate what the assets (code base, customer lists) of bitfloor could be sold for in liquidation (note most assets liquidate for 10% to 30% of face value in BK).
3) Add 1 + 2 together and subtract bitfloor estimated legal fees.
3 is the total liquidation value of bitfloor. Divide this by the current amount owed (in USD) and that is % each creditor could expect to receive in liquidation. Now subtract legal fees.
Well, that's exactly what I meant. If Bitfloor was started as an LLC, then creditors aren't going to get jack diddly in a lawsuit, and Roman would just shrug it off since it wouldn't affect him directly. If Bitfloor is NOT an LLC, then Roman's assets (whatever those may be) are at stake, and if nothing else, creditors looking for revenge would get the satisfaction of justice being served.
For me personally, I'd just like whatever option gets me the most of my money back, and I seriously doubt it'll come through a lawsuit. But, I'd be willing to sell my debt for 0.1 BTC / BTC owed to whomever is interested, because I don't think we'll ever see that much in payback. If that person wants to take my debt on a lawsuit with them, then all power to 'em.