instruction:
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.
question:
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
answer:
(C)


question:
sophisticated consumer” might well reach the same conclusion. In sum, particularly at this early stage, defendants cannot establish as a matter of law that Santander is a creditor exempt from the FDCPA. Thus, the motion to dismiss should be denied. TCPA Claims Defendants move to dismiss plaintiffs’ claims under the TCPA based on an exception contained in 47 C.F.R. § 64.1200(a)(2), which excepts calls to a residential line when made pursuant to an “established business relationship.” It is difficult to imagine how that exemption would apply to Letricia Hamlett, who was not a signatory to the loan, but in fairness there is at least one case that supports this odd interpretation of the law. See Santino v. NCO Fin. Sys., Inc., No. 09-CV-982, 2011 WL 754874, at *6 (W.D.N.Y. Feb. 24, 2011) (<HOLDING>); but see Watson v. NCO Group, Inc., 462 
 Holding statements: (A) holding  2254 applies to administrative proceedings (B) holding that the fourteenth amendment only applies to state action (C) holding exemption applies to nondebtor (D) holding that fourteenth amendment only applies to state action (E) holding that  1447c applies to counsel
answer:
(C)


question:
was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § 
 Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision 
answer:

(D)