Thanks for the comments Brad. Appreciate the thoughts as well as the sensitivity.
I am not a lawyer or an expert in bankruptcy, etc.
I see 3 possible options.
#1. You filed with the WA AG and if Epik wants to "try" to get them off their back, the easiest way to do that is pay your debt, so the complaint goes away. Monster apparently agreed to backstop that domain debt, so your case would likely be the first one where Epik can't pass the financial blame onto others. Remember unlike most people who are owed money, you also have a letter from them. As much as the other lawsuit is noteworthy, at the end of the day it is just a civil suit, NOT a criminal case. Since you are going through the WA AG, yours would be much more likely to be a criminal case and with WA state backing it, too.
#2. They go bankrupt, in which case you should receive some money back (whether it is a little or a lot, who knows.)
#3. IF it is proven that company & personal funds were mingled, the people involved can be held financially liable too (not just the business). Naturally, they probably will end up declaring personal bankruptcy, but you would be able to collect more of the debt that way too.
There are three wild cards in this:
#1. I don't know if being an "early bird" in going after them legally will help you get nearer the front of the line for bankruptcy claims
#2. I also don't know if, in bankruptcy court, those at the front of the line get paid in full and those at the back get nothing OR does everyone get back X percentage of their amount owed?
#3. Keep in mind, if Epik is taken over by ICANN, ICANN finds a registrar to BUY the domain part of the business, and after the ICANN fees are paid up, any leftover money goes to the registrar (Epik) (in this case that money would likely go toward paying off the debts in bankruptcy court, I would imagine.)
Long story short, I would be shocked if you got nothing out of it.
If being an early bird helps, you should receive a significant part of the money back, perhaps even all of it.
Regardless I think you will certainly be receiving some money back (and with there potentially being multiple financial sources to tap) the cumulative total could be more than expected, even if individually it isn't as much as one would hope.
Here's hoping / praying it works out MUCH better than expected for all those adversely affected.