Nondischargeability Litigation: Advanced Trial Strategies and Considerations Following the Supreme Court’s Bartenwerfer Ruling

This panel provides a general overview of dischargeability litigation under § 523 of the Bankruptcy Code, then delves into advanced litigation strategies derived from the panelists’ personal experiences in representing and adjudicating such matters. Understanding the far-reaching implications of the Supreme Court’s Bartenwerfer decision — allowing nondischargeable conduct to be imputed to debtors under applicable state law — is the focal point of this panel’s discussion, which will highlight of a number of recent decisions applying Bartenwerfer to various dischargeability claims.