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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: 1999) (same); Hill v. Fidelity Fin. Servs. (In re Hill), 152 B.R. 204, 206 (Bankr.S.D.Ohio 1993) (same); In re Reese, 194 B.R. 782, 787 (Bankr.D.Md.1996) (same); Barclays Am./Mortgage Corp. v. Wilkinson (In re Wilkinson), 186 B.R. 186, 191 (Bankr.D.Md.1995) (same); In re Redditt, 146 B.R. 693, 697 (Bankr.S.D.Miss.1992) (stat ing that “[b]y the statute’s own terms, only the trustee has standing to exercise the strong-arm avoidance powers”); Mast v. Borgess Medical Center (In re Mast), 79 B.R. 981, 982 (Bankr.W.D.Mich.1987) (same); In re Driver, 133 B.R. 476, 477 (Bankr.S.D.Ind.1991) (stating that “a Chapter 13 debtor is not explicitly bestowed with the trustee’s strong arm transfer avoidance powers.”); Hollar v. United States (In re Hollar), 174 B.R. 198, 203 (M.D.N.C.1994) (<HOLDING>). As In re Higgins, most of the majority 
 Holding statements: (A) holding that chapter 13 debtors have standing to bring avoidance actions by reasoning that chapter 13 trustee has standing but little incentive to bring avoidance actions that will result in benefit to debtors of recovering exempt assets (B) holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case (C) holding that there is no statutory authority in chapter 13 which grants a chapter 13 debtor independent standing to sue under the trustees  avoidance power (D) holding that an order striking a standing trustees motion to convert a chapter 13 petition to a chapter 7 is interlocutory not final (E) holding that a chapter 13 debtor should be able to obtain a copy of his transcript in light of the broader discharge provision of chapter 13

A: (C)
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Q: of discretion standard. See State v. Ross, 180 Ariz. 598, 603, 886 P.2d 1354, 1359 (1994). Statements stemming from a state actor’s custodial interrogation of a defendant are not admissible unless he is warned of his Fifth Amendment “right to remain silent” and that “anything said can and will be used against [him] in court.” Miranda v. Arizona, 384 U.S. 436, 469, 86 S.Ct. 1602, 1625, 16 L.Ed.2d 694 (1966). ¶ 19 The State concedes here that Appellant was in police custody when Nurse Geyer questioned him at the hospital. Even if a defendant is in custody, however, Miranda warnings are required when a med ical professional conducts an interrogation only if that medical professional is a state actor. See Estelle v. Smith, 451 U.S. 454, 468, 101 S.Ct. 1866, 1876, 68 L.Ed.2d 359 (1981) (<HOLDING>). See also State v. Vickers, 129 Ariz. 506, 633 
 Holding statements: (A) recognizing a public safety exception to the requirement that miranda warnings be given in order to use a suspects statement as evidence against him at trial (B) holding that phrase i know i have the right to remain silent together with phrase and knowing that anything i say may be used against me substantially complied with article 3822 warnings even though warnings failed to advise accused that his statement could be used against him at his trial or in court because it advised him his statement could be used against him in any type of context not just those mentioned in article 3822 subsection 2a1 and 2 (C) holding that a defendants jailhouse statements to a courtappointed psychiatrist could not be used against him in the penalty phase of a murder trial because the psychiatrist failed to give the defendant miranda warnings (D) holding that the warnings in their totality satisfied miranda (E) holding that the government cannot use postarrest silence against a defendant because miranda warnings give implicit assurances that silence will not be used against a person and accordingly it would be fundamentally unfair and a violation of due process to allow a defendants silence to be used to impeach him at trial

A: (C)
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Q: meaning); cf. Shames v. Coontz, 882 F.Supp. 1173, 1174 (D.Mass.1995) (Lasker, J.) (deciding that plaintiffs will likely prevail on secondary significance claim where mark was used for 16 years with “apparent considerable success” and “broad ... and pervasive” advertising) (emphasis added). Advertising of a mark can be probative of secondary meaning. See Boston Beer, 9 F.3d at 182. “[W]hile secondary me BS, 1998 WL 428092, at *8 (D.Mass. May 26, 1998) (Alexander, M.J.) (suggesting that evidence of trademark advertising is relevant to determining secondary meaning only insofar as it indicates that the public associates an advertised mark with a particular source) (citing Aro-matique, Inc. v. Gold Seal, Inc., 28 F.3d 863, 872 (8th Cir.1994)); Stratus Computers, 1987 WL 7748 at *3-4, (<HOLDING>). Here, Lyons does not offer adequate evidence 
 Holding statements: (A) holding that a failure to mark 13 of products is certainly not adequate marking (B) holding that mark had not acquired secondary meaning even with advertisements costing 4400000 over five years because it did not lead consumers to associate plaintiffs mark with its products (C) holding that inconsistent advertising of an alleged protected trademark for five years did not establish secondary meaning (D) holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark (E) holding plaintiff failed to establish selfrealization acquired secondary meaning because members of the american hinduyoga community believed the mark was a spiritual state of mind and did not automatically associate a selfrealization product with plaintiff

A:
(B)
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