What is the test for dischargeable debt under section 523(a)(2)(A) of the Bankruptcy Code?

MultiRegion, United States of America

The following excerpt is from Jaroslawicz v. Steinberg (In re Steinberg), Adv. Proc. No. 14-02426, Case No. 14-10845-MG (Bankr. S.D.N.Y. 2016):

Section 523(a)(2)(A) of the Bankruptcy Code provides that an individual debtor will not be discharged from any debt for "services" obtained by (1) false pretenses, (2) a false representation, or (3) actual fraudother than a statement respecting the debtor's or an insider's financial condition. 11 U.S.C. 523(a)(2)(A). Lubit v. Chase, 372 B.R. at 128. In order to succeed on a cause of action under section 523(a)(2)(A), a creditor must establish the following elements:

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