Based on the price for MtGox bitcoins the market seems to think there is a good chance users are never going to get all their coins back. It's clear they lost coins to scammers and they have done little to reassure markets with a "We have 10000 bitcoins" type statement. If they can't make everyone whole then they have to declare bankruptcy.
I was thinking about that also, they don't even try to reassure their customers much
They could say that they are solvent and everything, and communicate everyday, I guess they have a lot to do
If you think they are malicious, you could think that they want the price of btc to be low, for some reason; or maybe they don't want to say they are solvent when they know they are not for legal reasons