Nefario wont be handling repayment. the company secretary will be. Theymos needs to send all; funds to CHM or hes breaking the bylaws and a voted on and passed motion.
I believe Theymos said that shutting down GLBSE was against the bylaws. If so, then it would be ridiculous to claim he was breaking the bylaws by not sending the funds - when he knew that if he sent them they were going to be USED as part of breaking the bylaws.
It would be totally hypocritical for nefario to break the bylaws himself then whine about someone else doing it.