TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (C)

PROBLEM: an alcohol concentration of .22. The Commissioner of Public Safety revoked Gergen's driving privileges, and the district court affirmed. ISSUES 1. Where a district court determines that a person arrested for driving while intoxicated did not make a good faith effort to contact an attorney, is the driver's right to counsel vindicated even though the telephone provided by the arresting officer is blocked from dialing 800-numbers? 2. Did the police officer violate Minn.Stat. 481.10? ANALYSIS I. A person arrested for driving while intoxicated (DWI) has a limited right to consult an attorney before deciding whether to submit to chemical testing, provided the consultation does not unreasonably delay the testing. Friedman v. Commissioner of Pub. Safety, 473 N.W.2d 828, 835 (Minn.1991) (<HOLDING>); see Minn. Const. art. I, 6 ("In all
Holding statements: (A) holding that there is no constitutional right to refuse chemical testing under the implied consent law (B) holding that the implied consent warning given to the defendant was not misleading or coercive because the validity of the implied consent notice is not contingent upon other administrative aspects of ocga 405671 (C) holding that officers not required to give implied consent warnings where statute did not apply (D) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (E) holding that right to counsel under implied consent statute is limited because of the evanescent nature of alcohol

SOLUTION: (E)

PROBLEM: to arbitrate is not as broad and expansive as defendants contend. Although I recognize that generally agreements to arbitrate should be broadly construed to effectuate the purpose behind the Federal Arbitration Act, 9 U.S.C. 1, et seq., nevertheless, the parties can only be compelled to arbitrate a dispute if in fact they agreed to do so. The necessary inquiry then is whether in fact the parties before the court agreed to arbitrate the dispute contained in this lawsuit. See Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University, 489 U.S. 468, 478, 109 S.Ct. 1248, 103 L.Ed.2d 488 (1989) ("the FAA does not require parties to arbitrate when they have not agreed to do so"); State of N.Y. v. Oneida Indian Nation of New York, 90 F.3d 58, 62 (2d. Cir.1996) (<HOLDING>); see also Oldroyd v. Elmira Savings Bank,
Holding statements: (A) holding that claim was not subject to mandatory arbi tration because the parties specifically excluded it from the general arbitration clause (B) holding that whether in federal or state court a challenge to the validity of the contract as a whole and not specifically to the arbitration clause within it must go to the arbitrator and not the court (C) holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract (D) holding that a mandatory arbitration clause does not preclude litigating a federal statutory claim (E) holding that the analogy to arbi tration agreement is not persuasive in part because the principal feature of an arbitration agreement is that the contracting parties agree they will not submit their controversy to a court of law in the first instance

SOLUTION:
(A)