If they did fold, the rights and assets would just pass along to someone. I'm not sure of the details of what owns what part of Commodore and the Amiga, but if Amiga Inc. files bankruptcy the rights and other assets, intellectual and otherwise, would be auctioned to scrape any remaining value to pay creditors.
Best case scenario is a philanthropist that scoops it up on the cheap and releases it for fans. This would nullify what Cloanto does, for good or bad, if the kickstarts are all into the public domain. Worst case scenario, some bank buys it for a song, or just gets it by default because they lent Amiga Inc. some money and let it die, Cloanto's deal with it.
I'm not sure how much of Amiga Inc's assets would be of much value, though, other than having kickstarts freely distributable and that seems to not really stop anyone..