I would like to see the Bitcoinica users and myself give them some time, during which they can earn profit from business, but their walking away with tons of excuses and users eating the loss is totally unacceptable.
You can't force other users to effectively give them a loan, which is what would need to happen in order for them to continue trading. The minute they re-open for business, people are entitled to withdraw their funds in full and we already know that they don't have enough funds to meet those claims. "Giving them time" to earn a profit means people's funds being put at further risk - it's absolutely possible that users would end up receiving even less than 70% of funds owed.
They
could open a separate business which exists purely for the purpose of making enough profit to compensate Bitcoinica users for the lost 30%, but how would they raise the capital needed? Do you expect them to funnel Intersango profits towards Bitcoinica returns, because that could create separate legal nightmare. And I've yet to hear any of the Intersango guys say that they'd even be interested in running Bitcoinica again.
Given Tihan's comments here and elsewhere, I'd be hella surprised if the partnership - and therefore the company - is not dissolved. It's not clear whether Patrick has resigned from the partnership or whether he just wants nothing more to do with the claims process. The possibility of the limited partner suing the general partner exists - Tihan has made very clear that he holds the general partner responsible for the latest security fuck-up and that his fund is considering their legal options. Even if it were not illegal for an insolvent company to continue trading, the whole legal context in which Bitcoinica currently sits makes it highly undesirable.
Maybe there exists somewhere an investor willing to bail Bitcoinica out in return for equity in the domain and IP, but the question remains of who would then operate the business. I doubt they're going to find an investor who is willing to assume responsibility for the outstanding 30% which will be owed to users.
It's also worth remembering that Bitcoinica's compliance with KYC/AML requirements may well come under scrutiny as this drama continues to play out.