now, one can get hit by a car, fly over it, land behind on his back, stand up and start the quarrel with its driver. it happened to me twenty years ago. this dosnt mean, it is likely. look, a secretary that doesnt immediately froward the most significant writing, one that contains the company to be or not to be clause, to his boss must be either nuts or ill willed. a boss that hires such an employee must be at least very naive, sorry. it is really telling about the degraded state of affairs.
I get that it seems odd, but clearly you don't have experience with this, or you would have known that it is a relatively frequent occurrence. There are many reasons for using a company handling agent of some form, but ensuring prompt and speedy mail delivery is not one of them, and it would not at all be unusual for whomever signed for the summons to not know that it was particularly urgent. Furthermore, assuming what Hermans has said is true, that person would not be a Hyperion employee, but an employee of a company that normally handle their administrative matters (this is also a relatively common arrangement).
Failure to appear because of late delivery of papers happens fairly regularly in bankruptcy cases, because timelines on purpose are often short because it is cheaper to rectify after the fact.
If Hermans' claims are true, it at most tells you something about the "degraded state of affairs" of the company handling their administrative matters.
You may very well have legitimate issues to be unhappy with Hyperion, but absent actual facts, this is not a reason. Not yet, anyway. We'll see soon enough.
and especially seeing the issue is serious, one of they first steps towards the community, if they care for them and their loyalty at all, would be to issue official explanation note on the subject, rather than let their followers repeat out of context what they posted or said somewhere in the hidden.
Their first responsibility is *to the business*. If you're subject to what you believe to be a wrongful bankruptcy declaration, the last thing you should be doing is *actually* damaging the company by drawing peoples attention to it unnecessarily, or you may very easily find yourself bankrupt through your own stupidity even if the original claim is closed.