The plaintiff filed a motion for summary judgment, seeking a declaration that any claim that he has against the Debtor is nondischargeable under 11 U.S.C. § 523(a)(2)(A).  Under Section 523(a)(2)(A), the plaintiff must prove the common law elements of fraud.  To prevail on a claim for actual fraud under Section 523(a)(2)(A), a plaintiff must prove the following elements: (1) the debtor made the representation; (2) at the time of the representation, the debtor knew it to be false; (3) the debtor made the representation with the intent and purpose of deceiving the plaintiff; (4) the plaintiff reasonably relied on the representation and the reliance was reasonably founded; and (5) the plaintiff sustained a loss or damage as the proximate consequence of the representation having been made.  The plaintiff must prove each element by a preponderance of the evidence in order to prevail.  Because there is a genuine issue as to defendant’s intent to deceive plaintiff, summary judgment is not appropriate.