Uh, no.
The court can't legally treat one set of shareholders differently from another. Had the options never traded above the strike price, maybe, but you had over five years to do something with the shares, and they did trade for quite some time in positive territory. I sold mine in 2006 for a profit, along with some other options I had at $20 a share that were issued in 2001 and didn't vest until 2003...
Even if it were possible, if the court treated the employee who didn't exercise their shares with preference, there'd be just as much justification to have the shares and options held by Arpey, Horton, etc. reissued as well...