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: defendant's activities fall outside the FDCPA's general provisions); Overton v. Foutty & Foutty, LLP, No. 1:07-cv0274-DFHTAB, 2007 WL 2413026, at *4 (S.D.Ind. Aug. 21, 2007) (recognizing majority position that party whose activities are limited to enforcement of security interests is not subject to all FDCPA requirements, and stating, "[i]f a person invokes judicial remedies only to enforce the security interest in property, then the effort is not subject to the FDCPA (other than 1692f(6) and 1692i(a))[,] [b]ut if the person is also seeking additional relief, such as a personal judgment against the borrower, then the FDCPA applies.") (collecting cases); Chomilo v. Shapiro, Nordmeyer & Zielke, LLP, Civ. No. 06-3103 (RHK/AJB), 2007 WL 2695795, at *6 (D.Minn. Sept. 12, 2007) (<HOLDING>); Acosta v. Campbell, No. 6:04CV761 ORL28DAB,
Holding statements: (A) holding that law firm executing nonjudicial foreclosure pro ceeding was enforcing a security interest rather than collecting a debt and hence fell outside the ambit of the fdcpa except for the provisions of section 1692f6 (B) recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of 1692a6 a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to 1692f6 (C) holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred is an unfair and unconscionable means of collecting the debt (D) holding that the defendants actions in filing judicial foreclosure proceeding against mortgagor amounted to debt collection activity under the fdcpa and distinguishing decisions involving pursuit of nonjudicial foreclosure proceedings under a deed of trust from those in which a defendant has pursued judicial foreclosure proceedings which included seeking judgment on a note by filing a lawsuit in state court (E) holding that back rent is debt under the fdcpa

Answer: recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of 1692a6 a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to 1692f6

Question: to the "enforcement" of the reversal of the Bankruptcy Court's Order allowing IMC an administrative expense. It would also be considered a core proceeding since it follows directly from a core proceeding. See 11 U.S.C. 503(b) and 28 U.S.C. 157(b)(2)(B). Basic principles of restitution and appellate procedure which dictate that a lower court always has the jurisdiction to order the restitution of an award overturned on appeal, even without a remand from the appellate court, also support our conclusion that the Bankruptcy Court had jurisdiction to rule on the Debtor's Motion. See Caldwell v. Puget Sound Elec. Apprenticeship and Training Trust, 824 F.2d 765, 766-67 (9th Cir.1987) (citing Baltimore & Ohio R. Co. v. U.S., 279 U.S. 781, 786, 49 S.Ct. 492, 493, 73 L.Ed. 954 (1929)) (<HOLDING>). "The right to recover what one has lost by
Holding statements: (A) holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial (B) holding that the court had appellate jurisdiction to review the merits of the case because only the collateral issue of attorneys fees remained to be decided on remand to the bankruptcy court (C) holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal (D) holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings (E) holding that the district court had jurisdiction to order restitution of award overturned on appeal even in the absence of a remand from the appellate court

Answer: holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial

Question: that the substantial relationship test effectuates both the duty of loyalty and the duty of confidentiality. In the seminal case setting forth the substantial relationship test, T.C. Theatre Corp. v. Warner Bros. Pictures, Inc., Judge Weinfeld of the Southern District of New York held that only through the substantial relationship test "can the lawyer's duty of absolute fidelity be enforced and the spirit of the rule relating to privileged communications be maintained." 113 F.Supp. at 268-69. See also Damron v. Herzog, 67 F.3d 211, 215 (9th Cir.1995), cert. denied, 516 U.S. 1117, 116 S.Ct. 922, 133 L.Ed.2d 851 (1996) ("[T]he duty of loyalty also continues with respect to those matters substantially related to that representation."); Felix v. Balkin, 49 F.Supp.2d 260, 268 (S.D.N.Y.1999) (<HOLDING>); Selby v. Revlon Consumer Prod. Corp., 6
Holding statements: (A) recognizing that an attorney has a duty of loyalty to his client (B) holding that attorneys should be disqualified where the substantial relationship test is met in order to assure that the confidentiality of the attorneyclient relationship and the loyalty between attorney and client are preserved (C) holding that normal attorneyclient relationship does not bar rule 60b relief when the evidence is clear that the attorney and his client were not acting as one (D) holding that the substantial relationship test also concerns the duty of loyalty to a former client (E) holding that the substantial relationship test embodies a broader concept than the rule of confidentiality that of continuing fidelity to a former client a duty of loyalty

Answer:
recognizing that an attorney has a duty of loyalty to his client