Does bad faith and intent need to be considered as an element of a showing of fraud under section 523(a)(2)(A)?

3 Although bad faith and intent to defraud must be found as an element of a showing of fraud under section 523(a)(2)(A), and may not be implied in law, such a rule does not of course preclude the possibility of a finder of fact inferring or implying bad faith and intent to defraud based on the totality of the circumstances when convinced by a preponderance of the evidence. See Grogan v. Garner, 498 U.S. 279, 286, 111 S.Ct. 654, 659, 112 L.Ed.2d 755 (1991) (establishing preponderance of evidence burden of proof).