The Coins are not going to be sold at auction or by any other means, PERIOD. "...the assets of the bankrupt entity will be managed and converted into cash..." It is well established that customer deposits are not assets of Gox; actually the opposite is true. Customer deposits are customer assets and LIABILITIES of Gox.
The Trustee has no authority to liquidate non Gox assets. To put it simply, the Trustee cannot "steal" customer assets in order to pay off Gox liabilities, which would be the same thing as stealing customer assets, then selling them with slippage, commissions, and garbage fees, then disbursing what remains back to the customers???
When you think about it, it is beyond illogical and is not what will happen.
If the Trustee attempts to unlawfully sell assets that don't belong to the entity that he has authority over, he would be liable and open to massive civil suits and this is not going to happen. This is not complicated "high finance."
Gox is international news and the world is watching, the last thing the Japanese government wants is to create some scandal, they media would eat it up. When the creditors meeting happens in July, this will be very thoroughly discussed and with 127,000 voices advising the Trustee of their wishes, it would be as close to impossible for him to go against them as you can get.
What we really should be discussing is how we are going to handle the group that is trying to buy Gox. As I understand, they have been speaking with the supervisor on a daily basis and are not disclosing anything of their discussions as far as I am aware.
I personally think it is a good idea, although I think that all of us with a financial interest should make sure we pay very close attention and start trying to negotiate our best deal with the investors now.
We need to nail them down and get them to commit to a certain course of action now. If we wait, we may be forced to be stuck with what ever deal they give us. Their position is that they do not want to make firm commitments because they do not know what the accounting is going to look like, which is completely understandable. However, there is nothing wrong with us throwing out about 10 hypotheticals that would cover almost all possible outcomes and then getting them to agree to certain terms based on those conditions.
They are putting a lot of effort into this deal and there are a lot of them and they deserve to be well compensated for their efforts and what they bring to the table, however, it is very important for us to start talking about how best to negotiate with them instead of worrying about coins being sold by the Trustee so he can give us fiat so we can buy our coins back nonsense.
If another couple hundred thousand BTC are found, after they buy Bitcoin for 1 BTC and we don't have a commitment from them on how those coins will be distributed/invested/whatever, we could be looking at paying a very high management fee to the new owners.
It is my understanding that they will be purchasing Gox, "subject to liabilities" and they intend to pay those liabilities. If they give us options for stock, it won't include voting rights and management can run the company how they see fit, because they own it.
I can think of a dozen other things that I would like to have hammered out before we commit to blindly supporting the buyout, which is what I believe most of us have already done based solely on the fact that it is the best/only option we have at the present time.
I am interested to hear what you guys think about this and what our next steps should be.
You should head over to the #mtgox-talk IRC channel and you will see an answer to a lot of those questions including the new proposal from OKcoin to buy it.
In short though the reason the liquidator can sell the coins is because he is the creditors representative and so is selling his own assets so to speak its all legal and was explain by an attorney who has been in contact with Mark, Sunlot (savegox.com) and Okcoin. The liquidator or bankruptcy trustee is appointed by the court to represent the creditors of Gox.