In re Boyd (Ch. 11 Case No. 25-51694-JTL, Adv. Case No. 26-5002)
This matter came before the Court on the Defendant's renewed motion to dismiss. The Court found that the Plaintiff's Count I for fraud sufficiently pled the element of justifiable reliance to sustain a claim under § 523(a)(2)(A). The Court also found that the Plaintiff's Count III did not and could not pled the existence of a trust to invoke a fiduciary duty under § 523(a)(4) so dismissed the Plaintiff's Count III with prejudice.