Paul M. Black
How Judge Black rules, drawn from 21 signed orders. Every observation links to the order it came from.
How Judge Black decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court evaluates the substance, financial setting, practical function, and bargaining context of a divorce obligation when deciding whether it is support.
“For the reasons set forth above, the Plaintiffs sufficiently proved that the life insurance provision the Fredericksburg Judgment is based on created a domestic support obligation, as three of the four factors weigh in favor of this classification.”
The court retained alleged systemic stay-violation claims where bankruptcy-specific enforcement interests outweighed the contractual case for arbitration.
“the Court believes maintaining the claims in this case before this Court is more consistent with the goals of the Bankruptcy Code than of the FAA.”
A filing made minutes before a tax sale preserved the debtor's legal and equitable interests, bringing the property into the estate before the sale began.
“This difference in timing is meaningful. The Property still belonged to the Debtor legally and equitably at the time her bankruptcy case began since the ‘last act’ needed to divest the Debtor of her property interest, the Sale, had not even begun by the time the Debtor filed her petition.”
Procedural preferences
For a late Chapter 13 claim, actual notice that left a reasonable filing opportunity defeated an extension even though the debtor had supplied an incorrect address.
“Thus, the Court finds that the Claimant here received adequate notice giving her a reasonable time to file her proof of claim.”
A Chapter 13 trustee seeking permissive intervention needed a concrete shared legal or factual interest rather than a general concern for successful administration.
“The Trustee’s arguments are too thin for permissive intervention under Rule 24(b)(1)(B).”
Repeated plan amendments did not overcome inaccurate records and unpersuasive projections when the debtor still could not demonstrate probable compliance with the proposed plan.
“The Court finds that the Debtor’s records and projected revenue and expenses are inaccurate and unpersuasive such that they do not demonstrate the Debtor’s probable compliance with the plan terms.”
Cautions
Emotional-distress damages for a stay violation were denied where testimony was not supported by corroborating evidence of significant harm.
“Despite this testimony, the Debtors failed to provide any corroborating evidence that they experienced significant emotional harm.”
Even when secured-creditor calls were not coercive on the reviewed facts, the court warned that repeated contact can cross into pressure to collect a discharged debt.
“There comes a point where the sheer volume of calls tips a legitimate inquiry as to intent into coercive behavior.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated above, the Plaintiffs’ claims of nondischargeability of the judgment under 11 U.S.C. § 523(a)(2), 11 U.S.C. § 523(a)(4), and 11 U.S.C. § 523(a)(6) are overruled; the Plaintiffs’ claims of nondischargeability under 11 U.S.C. § 523(a)(5) or, alternatively, 11 U.S.C. §523(a)(15) are sustained. Therefore, the judgment is nondischargeable.”
“For the reasons stated above, the Debtors’ Motion to Dismiss is hereby DENIED.”
“For the reasons stated above, the Court determines that the 1956 amendment to Section 66 of the Bankruptcy Act applies to this case, and the Motion to Transfer Venue and Withdraw and Recover Funds filed by the State of South Carolina will be denied.”
“For the foregoing reasons, the Court finds that the City of Radford has willfully violated the discharge injunction in this case. The Court further finds that the Plaintiffs should be awarded $1,612.50 in actual damages for attorney’s fees.”
“For the reasons articulated above, the Debtor’s Motion for Imposition of Sanctions is denied.”
“For all of the above reasons, the Defendant’s Motion to Compel Arbitration and Stay Action will be denied.”
“For all the above reasons, the City’s Motion for Modification of Automatic Stay is denied.”
“For all the above reasons, the Trustee’s Motion to Intervene as a Party Defendant in Plaintiff’s Complaint Seeking Determination of Nondischargeability of Debt and Motion for Leave to File Late Answer are denied.”
“The Court finds that the Debtor has not carried this burden.”
“For all of the above stated reasons, the Defendants’ Motion to Dismiss the Second Amended Complaint is granted in part and denied in part.”
“For all of the above stated reasons, the Debtor’s Motion for Summary Judgment is denied and the IRS’ Motion for Summary Judgment is granted.”
“Therefore, the Court denies the motion, and directs the Clerk to re-close this case once final.”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters were terminated. McGrath supplied one mixed trial-claim outcome; five early streams were empty or label-only with unavailable attachments.
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