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.

to dedicate all of their disposable income to their plan. The Trustee’s supplemental objection raised, for the first time, whether Section 1325(a)(5) bars a debtor from confirming a plan that strips off a wholly unsecured lien where the debtor has received a discharge in a prior bankruptcy case within the proscribed period set forth in Section 1328(f). Although TD Bank had previously argued that the Debtors’ ability to strip off its lien was contingent upon the entry of a discharge order, TD Bank did not rely on Section 1325(a)(5). IV. Discussion A. Jurisdiction and Venue The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and discharge in a bankruptcy case filed within four years of filing an earlier Chapter 7 petition 253 F.3d 778, 781-83 (4th Cir.2001) (<HOLDING>). However, there is no prohibition against lien 
 Holding statements: (A) holding that a wholly unsecured junior mortgage lien can be avoided under nobelman (B) holding that a socalled chapter 20 debtor may strip off a wholly unsecured junior lien (C) holding that an allowed wholly unsecured consensual junior lien may not be stripped off in a chapter 7 case (D) holding that a wholly unsecured junior mortgage on chapter 13 debtors residence could not be stripped down into an unsecured claim by debtors plan (E) holding that a debtors right to strip off a wholly unsecured lien is conditioned on the debtors obtaining confirmation of and performing under a chapter 13 plan that meets all of the statutory requirements rather than on a debtors discharge
(C)

five years. The issue is thus whether the time Hartman served in prison after the IJ’s improper decision should count toward the five-year bar. The Court holds that it should not count and thus, contrary to the BIA’s ruling in March 2002, the application for § 212(c) relief was not untimely when the IJ addressed the merits of that application on January 25, 2001. 1. The Statutory Five-Year Bar At the outset, the Court addresses Hartman’s argument that the five-year clock stops upon filing an application for § 212(c) relief, which, in this case, would be January 1997. The Court disagrees with that argument. The five-year clock of § 212(c) does not stop when an alien, such as Hartman, files an application for a discretionary waiver. See Gomes v. Ashcroft, 311 F.3d 43, 45 (1st Cir.2002) (<HOLDING>); Falconi v. INS, 240 F.Supp.2d 215, 218 
 Holding statements: (A) holding that a lawful permanent resident alien is entitled to seek relief under ina  212c (B) holding that the date of death is relevant date of inquiry for the applicability of section 541a5a (C) holding that the relevant date is not when petitioner filed for  212c relief (D) holding that we have jurisdiction to review an aliens legal eligibility for relief under former ina  212c (E) holding that iiriras repeal of ina  212c was not impermissibly retroactive because unlike st cyr the petitioner chose to proceed to trial instead of agreeing to a plea and therefore did not detrimentally rely on the availability of  212c relief
(C)

factual disputes. See Doc. 57. Further, although the Court has reviewed the entire-record, the Court will discuss only the facts necessary to resolve the parties’ cross-motions for summary judgment. 4 .All further statutory references are to the California Penal Code unless otherwise indicated. 5 . See, e.g., Silvester v. Harris, 41 F.Supp.3d 927, 962 (E.D.Cal.2014) (finding California law imposing a 10-day waiting period on purchase of firearms "burdens [and violates] the Second Amendment right to keep and bear arms”); United States v. Marzzarella, 614 F.3d 85, 92 n. 8 (3d Cir.2010) ("Commercial regulations on the sale of firearms do not fall outside the scope of the Second Amendment”); Illinois Ass'n of Firearms Retailers v. City of Chicago, 961 F.Supp.2d 928, 947 (N.D.Ill.2014) (<HOLDING>); Teixeira v. Cnty. of Alameda, No. 
 Holding statements: (A) holding that chicagos laws which ban gun sales and transfers other than inheritance are declared unconstitutional under the second amendment (B) holding that sales made to contractor who builds roads for the state are not sales to the state and therefore are not exempt (C) holding that because the first sentence of  45106a expressly limited the preemptive effect to inconsistent state regulation it would not infer a negative pregnant from the second sentence of subsection a that laws other than the specific state criminal laws described would be preempted (D) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept (E) holding that a juvenile whose sentence is unconstitutional under the eighth amendment is entitled to be resentenced under chapter 2014220 laws of florida

(A)