M. Bruce McCullough
How Judge McCullough rules, drawn from 15 signed orders. Every observation links to the order it came from.
Judge McCullough no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McCullough decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court enforced the trustee's strong-arm position where the recorded mortgage identified an entity that never owned the property.
“the Trustee’s strong arm powers under § 544(a)(3) operate to preclude the mortgage reformation that is presently sought by Standard Bank.”
Procedural preferences
Untimely discovery responses waived objections when the responding party offered no good cause for the delay.
“Podlucky has thus thereby waived any objection—or any ground for an objection such as, for instance, a Fifth Amendment right—that he might have wished to advance”
Cautions
A creditor could not prosecute an estate-owned fraudulent-transfer claim without first presenting it to the trustee and obtaining authority to proceed.
“only after such procedure has been followed, and subsequent to such authorization by this Court, may Delrey ever become legally possessed of the requisite standing to prosecute such action.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Trustee’s objection to such exemptions by the Debtor is OVERRULED.”
“Because the Schweitzers’ State Court Judgment Claim does not represent a debt by the Debtor for anything that the Debtor obtained from the Schweitzers, such debt does not constitute the type of debt that can be excepted from discharge pursuant to § 523(a)(2)(A).”
“Therefore, the debt that is the Schweitzers’ State Court Judgment Claim cannot be excepted from discharge via § 523(a)(6).”
“Standard Bank’s motion for relief from stay is consequently DENIED WITH PREJUDICE.”
“Kedzuf is entitled to, and thus is granted, an equitable mortgage on the Debtor’s share interest in her residence, which equitable mortgage is equal to $52,456.66 as of the bankruptcy petition filing date;”
“Kedzufs objection to the Debtor’s exemption in her share interest in her residence is, accordingly, DENIED WITH PREJUDICE;”
“Ohio Valley Towing’s judgment claim cannot be declared nondischargeable pursuant to § 523(a)(2)(A) and, therefore, such debt shall be discharged.”
“Wisler’s motion is DENIED WITH PREJUDICE to the extent that Wisler thereby seeks (i) relief from the automatic stay because such request is now moot,”
“Wisler’s motion is DENIED WITH PREJUDICE to the extent that Wisler thereby seeks ... (ii) to obtain a denial or revocation of the Debtor’s Chapter 7 discharge because Wisler, as a matter of law, lacks a viable basis for obtaining the same;”
“Wisler’s motion is GRANTED to a limited extent such that any domestic support obligation owed by the Debtor to Wisler and any equitable award of marital/non-marital property determined by the Court of Common Pleas of Beaver County, Pennsylvania is henceforth determined to be non-dischargeable.”
“the claim of FIA Card Services, N.A., plaintiff herein, is DISCHARGED in its entirety by virtue of the Chapter 7 discharge of Donna Schempp, defendant herein (i.e., such claim is not excepted from such discharge)”
“the Court (a) DISMISSES WITHOUT PREJUDICE the fraudulent conveyance cause of action that is pled in Delrey’s Count 3,”
“the Court ... (b) OVERRULES Delrey’s Objection to the Court’s August 21, 2008 Order.”
“Gregory Podlucky ... must, within thirty (30) days from the date of entry of the instant Order of Court and the accompanying Memorandum, respond separately, and in writing, to (a) each interrogatory contained in the First Set of Interrogatories ... and (b) each item or category of documents requested in Federal’s First Set of Document Requests”
“each matter of which an admission is requested from Podlucky as set forth in Federal’s First Set of Requests for Admissions ... is hereafter admitted as to Podlucky for all purposes in the instant adversary proceeding only unless Podlucky, within thirty (30) days ... specifically denies such matter;”
“The Court finds that Podlucky satisfies the preceding standard for withdrawal of his deemed admissions and, therefore, will permit such withdrawal.”
“the motion of Eric Bononi, the Chapter 7 Trustee for Stephen M. Zilka, the instant debtor ... to confirm the balances that are due on proofs of claim 1 — 4 ... is GRANTED;”
“judgment is accordingly ENTERED in Smithfield’s favor and against the Debtor in Adversary No. 09-2140;”
“relief from the automatic stay (Doc. No. 25) is GRANTED to Smithfield so that Smithfield can return to the Orphans Court to pursue its constructive trust claim”
“the $12,500 claim of plaintiffs Steven and Patricia Taylor ... is NONDISCHARGEABLE pursuant to § 523(a)(2)(A),”
“the Court holds that the Debtor is not a fiduciary within the meaning of § 523(a)(4), which holding, in turn, compels a holding that the Taylors’ claim is not excepted from discharge pursuant to § 523(a)(4).”
“the Taylors are entitled to, and the Debtor shall thus pay to the Taylors, reasonable attorney’s fees in an amount to be determined after the Taylors submit a written fee application to the Court.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated, and none retained a docket-entry stream.
A historical record
Judge McCullough no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.