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.

Q: indorsers, and other persons conditionally liable also receive benefits from payment of the debt. If called on to pay, guarantors and the like would have been creditors; the “benefit” to them is that extinguishing the primary debt means that they receive a larger percentage of their claim than they would have had they paid and been converted to general creditors of the bankrupt. Cases under the 1898 Act routinely held that unless a person escapes an obligation to pay and so reaps a larger portion of his claim than do other creditors, he has not received a statutory “benefit”. E.g., Mayes v. Palmer, 208 F. 97 (8th Cir.1913); Walker v. Wilkinson, 296 F. 850 (5th Cir.1924); Mansfield Lumber Co. v. Sternberg, 38 F.2d 614 (8th Cir.1930). See also Bonded Financial, 838 F.2d at 895-96 (<HOLDING>). The Liquidator has not identified, and we 
 Holding statements: (A) holding that subparagraphs a and b are mutually exclusive and thus any travel between work and home even if it is also for a dual purpose must be analyzed exclusively under paragraph a (B) holding that transferee and beneficiary are mutually exclusive categories (C) holding trial court is sole and exclusive judge of witnesses credibility (D) holding that the remedies are exclusive (E) recognizing that  1983 and  2254 proceedings are mutually exclusive so that if a claim can be properly raised in one of those proceedings it cannot be raised in the other type of proceeding

A: holding that subparagraphs a and b are mutually exclusive and thus any travel between work and home even if it is also for a dual purpose must be analyzed exclusively under paragraph a
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Q: read to give these words effect in light of the law in certain states, under the plain meaning rule, Green Tree’s position must fail. Herrin, 2007 WL 1975573, at *3. The debtor’s position is also supported by the leading commentators on the Bankruptcy Code. Collier on Bankruptcy states, “[o]nly if a mobile home or cooperative is real property under applicable non-bankruptcy law would the limitations on modification apply, even though the mobile home or cooperative is considered the debtor’s principal residence.” 8 Collier on Bankruptcy ¶ 1322.06[1][a][ii] (Lawrence P. King et al. eds., 15th ed. Revised 2005). Moreover, ignoring the term “real property” within § 1322(b)(2) is contrary to the rules of statutory interpretation. See Discover Bank v. Vaden, 396 F.3d 366, 369 (4th Cir.2005) (<HOLDING>) This Court does not believe that the result in 
 Holding statements: (A) recognizing courts must interpret statutes to give effect to all language used rendering no portion meaningless or superfluous (B) holding courts must give effect to every provision and word in a statute and avoid any interpretation that may render statutory terms meaningless or superfluous (C) holding that effect must be given if possible to every clause and word of a statute (D) holding that courts must give effect to every word when interpreting a statute (E) holding principle of statutory construction is to give effect to every clause and word of a statute

A: recognizing courts must interpret statutes to give effect to all language used rendering no portion meaningless or superfluous
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Q: production: it must ensure that the evidence upon which the movant relies supports the facts asserted; confirm that the facts entitle the moving party to judgment as a matter of law; and set forth its reasoning for granting summary judgment. See Vt. Teddy Bear, 373 F.3d at 244; see also Giannullo v. City of N.Y., 322 F.3d 139, 143 n. 5 (2d Cir.2003) (noting that granting summary judgment without verifying the supporting facts “would derogate the truth-finding functions of the judicial process by substituting convenience for facts”); Fed.R.Civ.P. 56(a), (e)(3). We have examined the record evidence and considered the factual allegations in Alzawahra’s verified amended complaint, insofar as they are in the form of admissible evidence. See Colon v. Coughlin, 58 F.3d 865, 872 (2d Cir.1995) (<HOLDING>). Even drawing all permissible inferences in 
 Holding statements: (A) holding that summary judgment is not appropriate where matters of credibility and determining the weight of the evidence exist (B) holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves (C) holding that a verified complaint can be considered as summary judgment evidence only to the extent that it comports with the requirements of rule 56e (D) holding that when there are no genuine issues of material fact summary judgment is appropriate (E) holding that a verified complaint is treated as an affidavit for summary judgment purposes and considered in determining whether material issues of fact exist

A:
holding that summary judgment is not appropriate where matters of credibility and determining the weight of the evidence exist
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