"This seems like some kind of weird libertarian fantasy"
It's called the world we live in.
If a company's revenues are in decline, if there have been recent layoffs, well then the writing is on the wall.
A company folding should not come as a surprise to any of the employees unless the are utterly in the dark with respect to product development, revenues etc.
It's not a 'libertarian fantasy' to expect that employees etc. will have some idea of these numbers.
There's not much that can be done about solving the 'insolvency severance' deal. Severance beyond legal requirements is a bonus opportunity, and like all bonuses, it's subject to risk.