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. 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.
question:
1024-25 (Bankr.S.D.Fla.1996) (J. Mark) (discussing the split of authority and explaining that Congress codified the result of In re Bobroff, 766 F.2d 797 (3d Cir.1985) which encouraged the use of debt repayment plans by ensuring that property acquired post-petition would not be subject to creditors’ claims if Chapter 13 proved unsuccessful). Courts which held that property acquired post-petition must be property of the Chapter 7 estate after conversion did so because they believed such policy was “necessary to discourage strategic, opportunistic behavior that hurts creditors without advancing any legitimate interests of the debtors.” In re Lybrook, 951 F.2d 136, 137 (7th Cir.1991). Lybrook, In re Colder, 973 F.2d 862 (10th Cir.1992), and In re Lindberg, 735 F.2d 1087 (8th Cir.1984) (<HOLDING>), base their results on policy concerns that 
 Holding statements: (A) holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes (B) holding for  1983 actions that although state law determines the limitations period federal law determines when the claim arises (C) holding that federal law determines definition of executory contract but that state law determines whether a material breach of the contract could occur (D) holding that date of conversion determines what exemptions apply (E) holding that federal courts sitting in diversity should apply state law that determines the outcome of the case
answer:
holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes


question:
It is axiomatic, however, that states act through their officials and agencies. Thus, under Will, those state agencies and other political subdivisions which carry out the state’s business and have immunity from lawsuits under the Eleventh Amendment constitute “arms of the state.” Pursuant to Will, such entities would not be considered persons under § 1983. Those political subdivisions which are not provided immunity under the Eleventh Amendment, do not rise to the level of “arms of the state” and would, under Will, be considered to be persons for the purposes of § 1983. See Barket, Levy & Fine v. St. Louis Thermal Energy Corp., 948 F.2d 1084, 1086-88 (8th Cir.1991) (bi-state agency is a “person” under § 1983); Magula v. Broward Gen. Medical Ctr., 742 F.Supp. 645, 649 (S.D.Fla.1990) (<HOLDING>). Since the Will decision was handed down, a 
 Holding statements: (A) holding that a county is not an arm of the state for purposes of the eleventh amendment (B) holding that an ohio school district is more like a county or city than it is like an arm of the state and therefore it is not entitled to assert eleventh amendment immunity from suit (C) holding that the anne arundel board of education is an arm of the state for purposes of eleventh amendment immunity (D) holding that the puc is not an arm of the state and rejecting claim of immunity (E) holding that because hospital district is more like a municipality than an arm of the state hospital district did not have eleventh amendment immunity
answer:
holding that a county is not an arm of the state for purposes of the eleventh amendment


question:
“there are many ways to show presentment of a motion for new trial to the trial court,” but “merely filing a motion is insufficient.” Id. at 24. Nonetheless, “ ‘[presentment’ must be apparent from the record, and it may be shown by such proof as the judge’s signature or notation on the motion or proposed order, or an entry on the docket sheet showing presentment or setting a hearing date.” Gardner, 306 S.W.3d at 305. It is undisputed that there was no ruling on Hiatt’s motions for new trial. The trial judge’s signature does not appear on either Hiatt’s motions for new trial or the proposed orders accompanying them. Additionally, there are no entries on the court’s docket .-Dallas 1992, no pet.), overruled on other grounds, Davis v. State, 870 S.W.2d 43, 46 (Tex.Crim.App.1994) (<HOLDING>). As for the anonymous notations and markings 
 Holding statements: (A) holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed (B) holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment (C) holding a certificate of presentation appearing on the last page of appellants motion for new trial did not establish presentment (D) holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment (E) holding a certification of service and presentment was insufficient to establish the trial court received actual notice of the defendants motion for new trial
answer:

holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed