It's not about bankrupcy, it's about setting rules about their property. Some rights are enshrined in laws; derivative works are fair use. are mods fair use? nobody knows. but not if you charge for it, that requires licensing. no one wants to see precision laws being written about this, so everyone has to play by the developer's rules. realistically that guy wants money from CDPR assets and CDPR said no you can't do that.
Kunos giving modders the right to use their name freely does not mean CDPR has to. That's what holding an IP means, you set the rules. and CDPR says if you use our name it cannot be paywalled media.