In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: 1024-25 (Bankr.S.D.Fla.1996) (J. Mark) (discussing the split of authority and explaining that Congress codified the result of In re Bobroff, 766 F.2d 797 (3d Cir.1985) which encouraged the use of debt repayment plans by ensuring that property acquired post-petition would not be subject to creditors’ claims if Chapter 13 proved unsuccessful). Courts which held that property acquired post-petition must be property of the Chapter 7 estate after conversion did so because they believed such policy was “necessary to discourage strategic, opportunistic behavior that hurts creditors without advancing any legitimate interests of the debtors.” In re Lybrook, 951 F.2d 136, 137 (7th Cir.1991). Lybrook, In re Colder, 973 F.2d 862 (10th Cir.1992), and In re Lindberg, 735 F.2d 1087 (8th Cir.1984) (<HOLDING>), base their results on policy concerns that 
 Holding statements: (A) holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes (B) holding for  1983 actions that although state law determines the limitations period federal law determines when the claim arises (C) holding that federal law determines definition of executory contract but that state law determines whether a material breach of the contract could occur (D) holding that date of conversion determines what exemptions apply (E) holding that federal courts sitting in diversity should apply state law that determines the outcome of the case

Answer: holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes


Question: method (under § 3663) in favor of an incorrect method (under § 1593), the district court erred. Moreover, we hold that the district court’s error was “plain,” because the statutes are clear and because the government openly admitted that its proposed methodology derived from the wrong restitution statute. See United States v. Tuyet Thi-Bach Nguyen, 565 F.3d 668, 677 (9th Cir.2009) (“An error is plain when it is ‘clear’ or ‘obvious’ under the law.”). Finally, we hold that the error affected Defendants’ substantial rights and affected the fairness, integrity, or public reputation of the judicial proceedings. The government did not present evidence — and the district court did not make findings — of the victims’ actual losses, as required by § 3663. See Bussell, 504 F.3d at 964 (<HOLDING>); United States v. Joyner, 201 F.3d 61, 81 (2d 
 Holding statements: (A) holding that restitution is proper under  2259 only to the extent the defendants offense proximately caused a victims losses (B) holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted (C) holding that under the restitution provision of the supervised release statute 18 usc  3583 restitution can be ordered only for losses caused by the specific conduct that is the basis for the offense of conviction (D) holding that the amount of restitution is limited to the victims actual losses  (E) holding that restitution in the full amount of each victims losses does not exceed the statutory maximum

Answer: holding that restitution is proper under  2259 only to the extent the defendants offense proximately caused a victims losses


Question: voluntary dismissal by stipulation under Rule 41 (a)(1)[ (A) ](ii) is of right, cannot be conditioned by the court, and does not call for the exercise of any discretion on the part of the court.”). 10 . See also Bechuck v. Home Depot U.S.A., Inc., 814 F.3d 287, 292-93 (5th Cir. 2016) (“Court-ordered sanctions should be neither ‘a consequence’ of a voluntary dismissal without prejudice nor a ‘condition’ placed upon such dismissal.” (quoting Cooter &Gell, 496 U.S. at 396-97, 110 S.Ct. 2447)); Predator Int'l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177, 1188 (10th Cir. 2015) (“Forum shopping is not an improper purpose [under Rule 11] if a ground for federal jurisdiction arguably exists.” (alteration in original) (quotation omitted)); Pedrina v. Chun, 987 F.2d 608, 610 (9th Cir. 1993) (<HOLDING>). 11 . We also held that the district court 
 Holding statements: (A) holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered (B) holding that default judgment could not be rendered after the defendant had served plaintiff with a copy of a motion to dismiss that had not then been filed (C) holding district court had no authority to require plaintiffs to obtain courts permission to dismiss defendant who had not served answer or motion for summary judgment as plaintiffs had absolute right to dismissal without prejudice and thus court could not sanction plaintiffs for filing notice of voluntary dismissal rather than motion (D) holding that district court has discretion when deciding to convert a defendants motion to dismiss to a motion for summary judgment (E) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter

Answer:
holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered