" Still, where a debtor lacked the subjective intent to perform the act at the time he or she made the promise, the representation can suffice as an actionable fraudulent representation.Narang v. Biswas (In re Biswas) , 2009 WL 7809011, at *5 (9th Cir. BAP Sept. 2, 2009) (citing Smith v. Meyers (In re Schwartz & Meyers) , 130 B.R. 416, 423 (Bankr.S.D.N.Y.1991) ).Yates v. Davis (In re Davis) , 2013 WL 6796657, at *2 (Bankr. M.D. Ala. Dec. 23, 2013).