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: when there has been neither agreement nor adjudication of the fact. In that situation, the question is one of historical fact, which, until decided, cannot have anything to do with the child’s best interest. A different situation is presented, however, after paternity has been determined, whether by agreement or adjudication. Then, the best interest of the child necessarily is involved. The historical fact of parentage no longer stands alone; now it is intertwined with the interests of the child and no longer is capable of separation. Once paternity is established, § 5-1029 has no further role to play in that arena. The amendment to § 5-1038 does not change that, in my view, without, as there is not in this case, an amendment making it so. Contrary to the majorit , 1083 (1994) (<HOLDING>); Adoption/Guardianship No. 10941, 335 Md. 99, 
 Holding statements: (A) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (B) holding the best interest of the child standard does not violate federal constitutional principles (C) holding that the best interest of the child standard should be used in deciding whether to grant a paternity petition (D) holding that the best interest of the child is the paramount concern in determining whether to order blood tests to determine paternity (E) holding court properly applied best interest of child standard when determining whether placement goal should be changed

Answer: holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted


Question: 9006(b)(3). There is no excusable neglect basis for enlarging the claims bar date included in Rule 3002(c). Accordingly, the excusable neglect standard found in Rule 9006(b)(1) does not authorize extensions of the claims deadline imposed in chapter 13 cases. In re Oscar, 2005 WL 6522763 (Bankr.E.D.Pa. Apr. 14, 2005). “[S]ince 1994, the courts have almost uniformly ruled that proofs of claim that are untimely filed in a Chapter 13 case may not be deemed timely filed, and that the claimants thereunder should not take from, or be permitted to recover from, the debtor’s estate under the Chapter 13 plan.” Daniels, 466 B.R. at 217 (listing examples). This Court has consistently held that late claims are not permitted in chapter 13 cases. In re Dumain, 492 B.R. 140, 148 (Bankr.S.D.N.Y.2013) (<HOLDING>). As such, the Court will not allow Ocwen’s 
 Holding statements: (A) holding impairment of secured creditors foreclosure remedy permissible (B) holding that failure to comply with bankruptcy rule 4004 may be waived (C) holding that the bankruptcy court lacked subject matter jurisdiction over counterclaims asserted by the bankruptcy estate against a creditor where the claim is a state law action independent of the federal bankruptcy law and not necessarily resolvable by a ruling on the creditors proof of claim in the bankruptcy emphasis added (D) holding that secured creditors must comply with the bar date imposed by bankruptcy rule 3002c (E) holding that a creditors security was preserved notwithstanding the bankruptcy of the debtor

Answer: holding impairment of secured creditors foreclosure remedy permissible


Question: for Heart Disease and a Thyroid Disability a Separate Claim for Disability Benefits for Those Conditions? Our ability to exercise jurisdiction over this appeal hinges on whether Mr. Robinson is advancing a new claim or merely a new argument in support of his claim. If Mr. Robinson is advancing a new claim, we lack jurisdiction over this appeal because there is no final Board decision on that claim. See 38 U.S.C. §§ 7252(a), 7266(a); see also Breeden v. Principi, 17 Vet.App. 475, 478 (2004). If, on the other hand, Mr. Robinson is advancing a new argument in support of his claim, then we possess jurisdiction over this appeal and can consider the new argument or remand the matter for the Board to consider it in the first instance. See Maggitt v. West, 202 F.3d 1370, 1377-78 (Fed.Cir.2000) (<HOLDING>). In Roebuck v. Nicholson, we held that 
 Holding statements: (A) holding that the court has discretion to hear or to remand legal arguments raised for the first time on appeal (B) holding in pertinent part that this court lacked jurisdiction to hear the appeal (C) holding that this court must remand to the bia to allow it to address in the first instance an issue that it has not yet considered (D) holding that this court lacked jurisdiction to hear a cue claim raised for the first time on appeal (E) holding that this court has discretion to hear arguments presented to it in the first instance provided that it otherwise has jurisdiction over the claim

Answer:
holding that the court has discretion to hear or to remand legal arguments raised for the first time on appeal