Grove v. Beaver (In re Beaver), 454 B.R. 184, 190-91 (Bankr. D. N.M. 2011).
In re Pawlak, 2012 WL 3777040 at *2 (Bkrtcy, W. D. Wis.). Given the fact sensitive nature of the circumstantial evidence needed to prove intent, the Court finds that summary judgment should not be granted with respect to the Plaintiffs' Section 523(a)(2) claim. See, In re Beaver, 454 B.R. 184, 191 (Bankr. D. N. M. 2011) ("[r]arely is it appropriate to grant summary judgment on a claim for nondischargeability based on 11 U.S.C. §523(a)(2)(A) because the determination of whether there was an intent to defraud often depends on the credibility of the witness"). §523(a)(4)
Franklin County Area Dev. Corp. v. Leos (In re Leos), 462 B.R. 151, 154 (Bankr. M.D. Pa. 2011); Grove v. Beaver (In re Beaver), 454 B.R. 184, 186 (Bankr. D.N.M. 2011). Typically, of course, courts are instructed to view the facts in the light most favorable to the non-moving party.
The summary judgment phase is not an opportunity to weigh the evidence or attempt to ascertain the truth of disputed facts, but rather a time to decide whether there is a genuine issue for trial. Franklin County Area Dev. Corp. v. Leos (In re Leos), 462 B.R. 151, 154 (Bankr.M.D.Pa.2011); Grove v. Beaver (In re Beaver), 454 B.R. 184, 186 (Bankr.D.N.M.2011). Typically, of course, courts are instructed to view the facts in the light most favorable to the non-moving party.
Monsanto Co. v. Trantham (In re Trantham), 304 B.R. 298, 307 (B.A.P. 6th Cir. 2004) (citing Markovitz, 190 F.3d at 464). Whether a "reasonable person would desire" or a "reasonable person would believe" is not the test, and, accordingly, the utilization of a "reasonable person" standard in a § 523(a)(6) analysis is misplaced. See, e.g., Bracciodieta v. Raccuglia (In re Raaccuglia), 2011 Bankr. LEXIS 5252, at *12 (Bankr. N.D. Ga. 2011); Grove v. Beaver (In re Beaver), 454 B.R. 184, 189-90 (Bankr. D.N.M. 2011); Wood v. Loader (In re Loader), 417 B.R. 604, 611 (Bankr. D. Idaho 2009). But see McCurdie v. Strozewski (In re Strozewski), 458 B.R. 397, 408 (Bankr. W.D. Mich. 2011) (Gregg, C.J.).