Donald A. Hoffend, Sr. v. James Alan Villa

ANDERSON, Chief Judge:

This appeal arises from the Bankruptcy Court’s dismissal of Plaintiff-Appellant Donald Hoffend’s complaint, in which Hof-fend sought to have a claim arising from alleged securities law violations deemed nondischargeable under the Bankruptcy Code’s fraud exception to discharge, 11 U.S.C. § 523(a)(2)(A). In granting the Debtor James Villa’s motion to dismiss, the Bankruptcy Court held that, because Hoffend did not allege that Villa committed actual fraud, Hoffend failed to state a claim of nondischargeability under § 523(a)(2)(A). The District Court affirmed. Hoffend…