Barry W. Spear (VSB #39152) 

Kathryne Mary Rose Shaw (VSB #89561) 

Boleman Law Firm, P.C. 

Convergence Center III 

272 Bendix Rd., Suite 330 

Virginia Beach, VA 23452 

Telephone (757) 313-3000 

Counsel for Debtor/Defendant 

IN THE UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

NEWPORT NEWS DIVISION 

In re: JAMES THOMAS WILSON Case No. 21-50025-FJS 

 Debtor Chapter 13 

 

ONEMAIN FINANCIAL GROUP, LLC. 

 

 Plaintiff, 

 

v. Adv. Pro. No. 21-05002-SCS 

 

JAMES THOMAS WILSON 

 Defendant. 

 

ANSWER TO COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT 

 COMES NOW, James Thomas Wilson (“Defendant” or “Debtor”), by counsel, and files 

this Answer to Complaint filed by OneMain Financial Group, LLC. (“Plaintiff”), and states as 

follows: 

Parties and Jurisdiction 

1. Admit. 

2. Admit. 

3. Admit. 

4. Admit. 

Factual Background 

5. Admit. 

6. Admit. 

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7. Admit. 

8. Admit. 

9. Admit. 

Count I 

10. Defendant’s responses to Paragraphs 1 through 9 are hereby restated and 

incorporated by reference. 

11. This paragraph makes no affirmative allegation and merely is a recitation of a 

Code section. To the extent it implies improper conduct and/or intent on the part of the 

Defendant, it is denied. 

12. This paragraph makes no affirmative allegation and merely cites to case law. To 

the extent it implies improper conduct and/or intent on the part of the Defendant, it is denied.

13. Admit.

14. Admit.

15. The schedules speak for themselves. Defendant believed that he would be able to 

make the monthly payment called for pursuant to the terms of the loan and the allegation that it 

was unlikely that he would have been able to make the payment is denied.

16. The schedules speak for themselves The Defendant did use the proceeds of the 

loan to pay bills and other financial obligations. To the extent this allegation asserts improper 

conduct and/or intent by the Defendant, it is denied.

17. Deny. 

18. Deny. OneMain did not justifiably rely upon the Debtor’s loan application. The 

Loan Application gave OneMain authority to make credit inquiries and there is not assertion that 

they took any steps to evaluate the Debtor’s credit beyond the Loan Application. 

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19. Deny. 

Count II 

20. The responses to Paragraphs 1 through 19 are hereby restates and incorporated 

here. 

21. This paragraph makes no affirmative allegations and merely recites a Bankrutpcy 

Code section. To the extent it implies improper conduct and/or intent on the part of the 

Defendant, it is denied. 

22. The Loan Application speaks for itself. To the extent this allegation implies 

improper conduct or intent on behalf of the Defendant, it is denied. 

23. The schedules and loan application speak for themselves. The Loan Application 

asks for a listing of loans and the Debtor did fill this part of the Application out. The application 

does not ask for information regarding taxes. Further, the debtor believed certain accounts to be 

so old as not be active debts. In small print on the Application, there is language that the Debtor 

listed all obligations owed. However, in his mind, he had properly filled out the application. 

Defendant denies any intent to make a material misrepresentation. 

24. The Defendant’s Schedule J and the Loan application speak for themselves. Deny 

and improper conduct and/or intent by the Defendant. 

25. Deny that OneMain reasonably relied on the Debtor’s representations in making 

the loan. The Loan Application was filled out online and there is no assertion of any due 

diligence by OneMain in verifying net income or any other aspect of the Debtor’s financial 

situation. 

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26. Deny. 

27. Deny. 

 WHEREFORE, Defendant prays that the Court dismiss Plaintiff’s Complaint and for 

such other and further relief as to the Court may deem necessary and appropriate. 

 

 JAMES THOMAS WILSON 

 

 /s/ Barry W. Spear 

 Barry W. Spear (VSB #39152) 

 Kathryne Mary Rose Shaw (VSB #89561) 

Boleman Law Firm, P.C. 

Convergence Center III 

272 Bendix Rd., Suite 330 

Virginia Beach, VA 23452 

Telephone (757) 313-3000 

Counsel for Debtor/Defendant 

CERTIFICATE OF SERVICE

 I hereby certify that a copy of this Answer was sent via CM/ECF to Trevor Reid, counsel 

for Plaintiff, on May 24, 2021. 

 By: /s/ Barry W. Spear 

 Counsel for Debtor/Defendant 

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