NABT Annual Conference 2024

This panel will examine the applicability of section 523(a)’s nondischargeability provisions to corporate subchapter V debtors nationwide.  Panelists will discuss the circuit split following the Fifth Circuit’s April 2024 decision in GFS Industries, predict whether the GFS Industries decision will be subject to en banc review, and analyze whether any cases are poised to be examined by other circuit-level courts.  The panel also will discuss the practical implications of a creditor holding a nondischargeable claim.  What does it mean for plan confirmation and consummation, and what tools are at a debtor’s, creditor’s, and judge’s disposal?