edit: "alleged accusation"?!?
check the docket in the Sousa matter.
unless the Mass court is around a week behind in updating their records, Wave appears to have missed the deadline.
btw, "[t]hey see no point in litigation because they are going to fail..." you do realize that certain claims against the company & its principals, if reduced to judgment, may not be dischargeable.
of course you do.
edit: not only might some of those claims not be dischargeable, if reduced to judgment, but most D&O insurance policies have express exclusions for such liabilities.
there might also be a viable "alter ego" argument which could pierce the corporate veil (IMO).