5    propertiesId.The Debtor-Defendant collected $35,000 from each of these two properties, for a  total of $70,000.Id.She did not turn these funds over to the Plaintiff.Id.  The Plaintiff also alleges that the Debtor-Defendant intentionally, willfully, and  maliciously damaged appliances at the Connie Lane property and three other properties rented by  the Debtor Defendant and that the Debtor-Defendant stole appliances from the River Edge Drive  property.Id.,¶ 20.  Analysis  I. The Amended Complaint states a claim under § 523(a)(2)(A) and pleads it with  particularity related to the subtenant fees.      In his Amended Complaint, the Plaintiff seeks to except from the Debtor-Defendant’s  discharge the $70,000 in funds she received from the subtenants. The Plaintiff asserts that this  debt is nondischargeable under § 523(a)(2)(A) due to false pretenses, a false representation, or  actual fraud because the Debtor-Defendant falsely represented to him that she would turn over  the funds received under the subleases if he permitted her to sublet the properties.    Section 523(a)(2) of the Bankruptcy Code provides that  “[a] discharge under section 727 . . . does not discharge an individual debtor from any  debt –  (2)  for money, property, services, or an extension, renewal, or  refinancing of credit, to the extent obtained by –    (A) false pretenses, a false representation, or actual fraud, other than a  statement respecting the debtor’s or an insider’s financial  condition.    Section 523(a)(2)(A) requires the Plaintiff to establish that: (1) the Debtor-Defendant made a  false representation or omission, which the Debtor-Defendant either knew was false or made  with reckless disregard for the truth; (2) the Debtor-Defendant possessed an intent to deceive or  defraud; and (3) the Plaintiff justifiably relied on the false representation. 11 U.S.C.  Case 20-02078-kmp Doc 20 Entered 03/31/21 23:36:22 Page 5 of 11

Document 20