The failure of a business is never a pleasant experience. Sometimes, a market is overcrowded and the weaker businesses get left behind. For others, it may be poor management and incompetence. And yet others may be pulled under when an entire market fails, as when the dot-com bubble burst, the collapse of the real estate/construction market last decade, or the crash in oil prices in the last year.
Most people, when they consider some issue worthy of bringing a lawsuit, assume they will have "their day in court." For some matters, this is true. Arrested for a drunk driving offense, you will go to court. Want to sue your neighbor for $100,000 in damage they caused to your home? That too, is a matter for which a North Dakota court would have jurisdiction.