Lee-Benner

MEMORANDUM *

Jordan Alexander Lee Brenner appeals the district court’s order affirming the bankruptcy court’s judgment granting the Petition for Discharge filed by Dr. Robert Z. Gergely. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Appellants sought nondischargeability of a debt arising from a medical malpractice judgment obtained against Dr. Gergely following an amniocentesis procedure. The bankruptcy code excepts from discharge “any debt ... for money ... to the extent obtained by ... false pretenses, a false representation, or actual fraud.” 11 U.S.C. § 523 (a)(2)(A). To make a claim under § 523(a)(2)(A), the creditor must prove by the preponderance of evidence: (1) that “the debtor made representations; (2) that, at the time of the representations, he knew they were false; (3) that he made them with the intention and purpose of deceiving creditor; (4) that creditor relied on such representations; and (5) that the creditor sustained the alleged loss and damage as the proximate result of the representations having been made.” Britton v. Price (In re Britton), 950 F.2d 602, 604 (9th Cir.1991); American Express Travel Related Services company Inc. v. Hashemi…