Dilbert is right on the case today.
http://www.dilbert.com/strips/comic/2014-04-02/
MtGox CEO Mark Karpeles has been ordered by a judge to return to the US to face questions over his bankruptcy filing with a Dallas court and how 750,000 Bitcoins went AWOL. Bankruptcy judge Stacey Jernigan ruled that Karpeles must appear at the Dallas office of his lawyers Baker & McKenzie on 17th April. This is ahead of a May …
Foreign firms should not be able to file bankruptcy in a country they do not have a presence in. They should not be able to seek protections in a country they provided nothing too. Mt. Gox was not a US based firm nor ever paid any taxes, his request for bankruptcy protection should be denied on the fact the court lacks jurisdiction. Let him seek bankruptcy protection in Japan.
I find your point of view perfectly reasonable, and I subscribe to it.
However, I have no doubt that there is some leeway in how all this is handled and, given that it is US citizens filing complaints, it may also be logical that MtGoX might want to seek protection in the US.
The real question is : why does a company in Japan care about a court case in the USA ? US citizens could win anything they want, I don't see that a US court has the power to force anyone in Japan or elsewhere to pay up. The the CEO isn't even an American citizen, and if he were it would grant no special powers to a US court either.
After all, that is, if memory serves, one of the prime reasons some people scamper to a non-extradition country with millions in a suitcase, is it not ?
Except that Japan is hardly a non-extradition country for the US.
Nevertheless, this whole thing should indeed be handled by Japanese law. That's where the company is located.
Otherwise, the Microsoft CEO could be summoned by any court in the world as soon as Windows keels over or loses data, and we don't see that happening, now do we ?