All of this is to the best of my knowledge but do not guarantee it's accurate:
Do we still own HTYMP but are delaying because of issues.... or is it lost?
No. From what I understand third hand, the deal required a minimum of 800 theaters on opening and a minimum of $5M P/A fund. Eric decided after their plan with Twelve didn't work out that trying to do an even bigger release so soon after requiring a lot more money would not be the smart thing to do. Two giant flops in a month would be horribly bad for the company's reputation. The producers didn't want to go smaller so they agreed to part ways.
Is Twelve a total loss or can it come back later during this month in more releases or thru DVD/VOD?
Eric told me in an email they were going for 12 more theaters this weekend, then try to build to 100 theaters by Labor Day weekend. The DVD sales should more than make a profit on this movie with the Fox deal.