I live in the U.S. Suppose that I invest $50,000 in a startup company, signing "typical" paperwork for a 55% stake. The founder then uses the money to issue a $20,000 loan at a minimal interest rate (say 1.6%) to one of his employees. Subsequently, the startup goes bankrupt with the full amount of the loan outstanding. Do I have rights to the loan as an asset of the company? More broadly, do I have any recourse or legal options for pursuing the loaned amount? (We can assume that the recipient of the loan is solvent.)
Does the answer change if the lendee is not an employee of the startup? Similarly, does the answer depend on the numbers above, or on the state in which the investor and company reside?