While under the Bankruptcy Act of Japan, bankruptcy distribution is made
with money in principle, the bankruptcy trustee is considering, through
consultation with the court and various professionals, whether it is permissible and
feasible to make distribution by way of distributing bitcoins.
If the trustee can sell the hardware (read: assets) to Kraken without an auction, he could just as easily sell Bitcoin back to their "rightful" owners at a set price (i.e. $.01 per Bitcoin). This concept could be used for or against the "rightful" owners. I am hopeful that the trustee and those surrounding the deal will be nice and distribute the proceeds proportionate to the last known holdings for all Depositors.