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.

Ex Input:
that post-1978 refinancing of a debt did not constitute a novation, thus debtor could not avoid liens on equipment it owned prior to the 1978 enactment of the Bankruptcy Code where no new money was advanced, no additional security was encumbered, and varying the term of years and interest rates was done to benefit the debtor); In re Hemingson, 84 B.R. 604 (Bankr.D.Minn.1988) (<HOLDING>); Geist v. Converse County Bank (In re Geist), 
 Holding statements: (A) holding that in georgia pursuant to  9107 of the ucc refinancing of a promissory note transforms the obligation thereby destroying purchase money nature of the security interest therefore the creditor lost its purchase money security interest pmsi in a television set when the loans were consolidated and lien was avoidable id 89 br 264 18 bcd 58 (B) holding that there was no presumption of a gift where the wifes money was used to make the purchase but title was placed in the name of the husband and finding the facts sufficient to establish a purchase money resulting trust in favor of the wife (C) holding that under minnesota law refinancing and consolidation of purchase money loans did not destroy their purchase money character for bankruptcy lien avoidance purposes (D) holding that a purchase money security in jewelry was not lost when the perfected purchase money security interest was consolidated with a subsequent retail installment contract (E) holding section 501 applies to both purchase money and refinancing mortgages

Ex Output:
holding that in georgia pursuant to  9107 of the ucc refinancing of a promissory note transforms the obligation thereby destroying purchase money nature of the security interest therefore the creditor lost its purchase money security interest pmsi in a television set when the loans were consolidated and lien was avoidable id 89 br 264 18 bcd 58


Ex Input:
matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any 
 Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter

Ex Output:
recognizing that endorsement would prevail if inconsistent with policy provisions


Ex Input:
to final disposition of the appeal.”). DISCUSSION In his first appellate issue, Gardner asserts that the trial court abused its discretion in granting summary judgment without stating the grounds on which it based its ruling. We hold that two well-established summary-judgment principles are fatal to Gardner’s argument. First, our summary-judgment jurisp of fact and conclusions of law have no place in a summary judgment proceeding. If summary judgment is proper, there are no facts to find, and the legal conclusions have already been stated in the motion and response.” Willms v. Americas Tire Co., Inc., 190 S.W.3d 796, 810 (Tex.App.-Dallas 2006, pet. denied) (internal citations omitted); see IKB Indus., 938 S.W.2d at 441 (same); Linwood v. NCNB Tex., 885 S.W.2d 102, 103 (Tex.1994) (<HOLDING>). As these cases suggest, the trial court’s 
 Holding statements: (A) holding that a trial courts judgment must comply with the statutory requirement that the judgment contain written findings of fact and conclusions of law (B) holding that appellate deadlines are not extended by request for findings of fact and conclusions of law following summary judgment because they have no place in a summary judgment proceeding (C) holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed (D) holding that findings of fact and legal conclusions are neither necessary nor proper in summary judgment proceeding (E) holding that motion accepting judgment but requesting findings of fact and conclusions of law was not directed against the judgment

Ex Output:

holding that a trial courts judgment must comply with the statutory requirement that the judgment contain written findings of fact and conclusions of law