Hunter

I. Introduction

In this dischargeability action, Plaintiff Kevin Hunter (“Hunter”) alleges that Defendant Paul William Martin (“Martin”) is liable in the amount of $141,582.88 under §§ 523(a)(2)(A), (a)(2)(B), (a)(4) (for committing fraud or defalcation in a fiduciary capacity), and (a)(6). The alleged liability arises from a $50,000 loan that Hunter extended to Martin in 2010. In addition to recovery of the loan’s principal, Hunter seeks recovery of interest in the amount of $25,232.88 and attorneys’ fees and costs in the amount of $66,350. Trial was conducted on January 28 and February 4, 2019.1 The parties filed closing briefs on May 10, 2019.2 This Memorandum of Decision constitutes the Court’s findings of fact and conclusions of law pursuant to Civil Rule 52, made applicable to these proceedings by Bankruptcy Rule 7052.3 For the reasons set forth below, the Court finds that Martin is indebted to Hunter in the amount of $10,000, and that such indebtedness is excepted from Martin’s discharge pursuant to § 523(a)(2)(A), on the ground of actual fraud. Hunter is not entitled to judgment on any of his other claims for relief; judgment will be entered in favor of Martin as to those…