In re DOUGLAS ASPHALT COMPANY, Debtor. Mary Jane Cardwell, Trustee for the Bankruptcy Estate of Douglas Asphalt Company v. Bankruptcy Estate of Joel Spivey, Joel Spivey, Kyle Spivey, Florience Spivey, Ronnie Spivey, Coffee County Machine & Iron Works, Inc., Kenneth E. Futch, Jr., Kenneth E. Futch, P.C., Brent J. Savage, Savage, Turner, Pinson & Karsman, Fidelity And Deposit Company of Maryland And Zurich American Insurance Company, Arch Insurance Company, Georgia Department of Revenue, United States Treasury-Internal Revenue Service, Mary Jean Spivey, Marathon Petroleum Company, LLC n/k/a Marathon Petroleum Company, LP, Duval County/City of Jacksonville, Florida, Georgia Department of Natural Resources/ Environmental Protection Division, Florida Department of Revenue, Toombs County Tax Commissioner, Coffee County Tax Commissioner, Ware County Tax Commissioner, Afra Enterprise, Inc., Alithicon Lubricants Co., Inc., ASC Construction Equipment USA, Inc., Atlantic Drilling Supply, Inc., Batey & Sanders, Inc., Carmeuse Lime And Slate, Inc., Cellular Depot Douglas, CDW Corporation, Days Inn, Fiberand, Inc., Five N'S, Inc., Fleetcor Technologies Operating Co., LLC, Gayatri Corporation, Georgia Surveyors Exchange Company, Carolyn Hammock, Hanson Pipe & Precast, Inc., John Carlo, Inc., Lafarge North American, Inc., Lumbermens Mutual Casualty Company, Mccord Tie & Timber, Inc., Subrogating Legal Judgments, LLC Assignee of Osan Petroleum Co., Inc., P & C Auto Parts, Inc., Pioneer Financial, LLC, Shree Satya Sai, LLC d/b/a Quality Inn At Fort Stewart, Regency Inn, S.A.F.E. Investments, LLC, Savannah Tire & Rubber Co., Scott Ice Service, LLC, Southern Davis Business, Strickland Oil Company, Inc., T & M Truck Center, Inc., Suwanee American Cement, LLC, Tarmac America, LLC, Defendants Kenneth E. Futch and Savage & Turner, P.C., Movants v. Mary Jane Cardwell, Trustee for the Estate of Douglas Asphalt Company, Zurich Insurance Company of America, Fidelity & Deposit Company of Maryland, Arch Insurance Company, and Lumbermens Mutual Casualty Company [2012]
483 B.R. 560 · United States Bankruptcy Court, S.D. Georgia · United States
Issue
What Bankruptcy Law issue does the source record raise, and how should a student verify the rule, holding, and factual trigger from the linked opinion?
Held
Source-linked holding checkpoint: the search record does not safely provide the full dispositive holding. Confirm the judgment in the linked source before using this case as controlling authority.
Exam use
Summary
What Bankruptcy Law issue does the source record raise, and how should a student verify the rule, holding, and factual trigger from the linked opinion?
Facts
Issue
What Bankruptcy Law issue does the source record raise, and how should a student verify the rule, holding, and factual trigger from the linked opinion?
Held
Source-linked holding checkpoint: the search record does not safely provide the full dispositive holding. Confirm the judgment in the linked source before using this case as controlling authority.
Ratio Decidendi
Use this case as a source-verified research checkpoint rather than an invented rule statement. The ratio should be extracted from the linked opinion by identifying the legal test applied, the facts treated as decisive, and the court's stated reason for the outcome.
Reasoning
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Reference to In re DOUGLAS ASPHALT COMPANY, Debtor. Mary Jane Cardwell, Trustee for the Bankruptcy Estate of Douglas Asphalt Company v. Bankruptcy Estate of Joel Spivey, Joel Spivey, Kyle Spivey, Florience Spivey, Ronnie Spivey, Coffee County Machine & Iron Works, Inc., Kenneth E. Futch, Jr., Kenneth E. Futch, P.C., Brent J. Savage, Savage, Turner, Pinson & Karsman, Fidelity And Deposit Company of Maryland And Zurich American Insurance Company, Arch Insurance Company, Georgia Department of Revenue, United States Treasury-Internal Revenue Service, Mary Jean Spivey, Marathon Petroleum Company, LLC n/k/a Marathon Petroleum Company, LP, Duval County/City of Jacksonville, Florida, Georgia Department of Natural Resources/ Environmental Protection Division, Florida Department of Revenue, Toombs County Tax Commissioner, Coffee County Tax Commissioner, Ware County Tax Commissioner, Afra Enterprise, Inc., Alithicon Lubricants Co., Inc., ASC Construction Equipment USA, Inc., Atlantic Drilling Supply, Inc., Batey & Sanders, Inc., Carmeuse Lime And Slate, Inc., Cellular Depot Douglas, CDW Corporation, Days Inn, Fiberand, Inc., Five N'S, Inc., Fleetcor Technologies Operating Co., LLC, Gayatri Corporation, Georgia Surveyors Exchange Company, Carolyn Hammock, Hanson Pipe & Precast, Inc., John Carlo, Inc., Lafarge North American, Inc., Lumbermens Mutual Casualty Company, Mccord Tie & Timber, Inc., Subrogating Legal Judgments, LLC Assignee of Osan Petroleum Co., Inc., P & C Auto Parts, Inc., Pioneer Financial, LLC, Shree Satya Sai, LLC d/b/a Quality Inn At Fort Stewart, Regency Inn, S.A.F.E. Investments, LLC, Savannah Tire & Rubber Co., Scott Ice Service, LLC, Southern Davis Business, Strickland Oil Company, Inc., T & M Truck Center, Inc., Suwanee American Cement, LLC, Tarmac America, LLC, Defendants Kenneth E. Futch and Savage & Turner, P.C., Movants v. Mary Jane Cardwell, Trustee for the Estate of Douglas Asphalt Company, Zurich Insurance Company of America, Fidelity & Deposit Company of Maryland, Arch Insurance Company, and Lumbermens Mutual Casualty Company (483 B.R. 560) strengthens a Bankruptcy Law answer because the case reflects the principle that Use this case as a source-verified research checkpoint rather than an invented rule statement. The ratio should be extracted from the linked opinion by identifying the legal test applied, the facts treated as decisive, and the court's stated reason for the outcome. Applied to a problem question, the case should be used after identifying the issue as What Bankruptcy Law issue does the source record raise, and how should a student verify the rule, holding, and factual trigger from the linked opinion? The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
- bankruptcy-law
- Bankruptcy Law
- source verification
- case research
- exam authority table
Significance
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Exam Tips
Revision Checklist
- Name the issue before discussing facts so the marker sees the legal question immediately.
- State the holding in one sentence, then use the ratio to explain why the court reached that result.
- Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
- Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.