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.

Q: Statement. They were, however, obtained prior to this Court's actual approval of the Amended Disclosure Statement, which occurred on December 19, 2008 (i.e. at the joint hearing on approval of the Amended Disclosure Statement and the Amended Plan). Although typically a disclosure statement should be approved before the proponent solicits votes for the plan, here the premature solicitation was harmless and, as noted by the Bankruptcy Court for the Northern District of Georgia, a harmless failure to comply with 1125's solicitation requirements "is not necessarily fatal to the success of a Chapter 11 reorganization." In re N.W. Recreational Activities, Inc., 8 B.R. 10, 12 (Bankr.D.Ga.1980); see also First Am. Bank of N.Y. v. Century Glove, Inc., 81 B.R. 274, 278-80 (D.Del.1988) (<HOLDING>). Pursuant to 11 U.S.C. 105(d)(2)(B)(vi),
Holding statements: (A) holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case (B) holding such agreements to be per se illegal (C) holding that per se statutory rule is not permissible under fourth amendment (D) holding hearing in chambers was not per se a violation of due process (E) holding that a plan proponents failure to obtain court approval of solicitation materials is not per se fatal to the confirmation process

A: (E)
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Q: in their Constitution, or from the Congress that the Constitution had empowered. We made a similar point in Nevada v. Hall, 440 U. S., at 416, where we considered a suit against a State in another State's courts: "This [traditional] explanation [of sovereign immunity] adequately supports the conclusion that no sovereign may be sued in its own courts without its consent, but it affords no support for a claim of immunity in another sovereign's courts. Such a claim necessarily implicates the power and authority of a second sovereign; its source must be found either in an agreement, express or implied, between the two sovereigns, or in the voluntary decision of the second to respect the dignity of the first as a matter of comity." Cf. United States v. Texas, 143 U. S. 621, 646 (1892) (<HOLDING>). Subjecting States to federal jurisdiction in
Holding statements: (A) holding that an action cannot be maintained under young in unique circumstances where the suit against the state officer affects an essential attribute of state sovereignty in a manner that the action must be understood as one against the state (B) holding a states regulation of wyoming national guard was insufficient to implicate a special sovereignty interest because of the dual federal and state nature of national guard service (C) recognizing that a suit by the national government against a state does no violence to the inherent nature of sovereignty (D) holding the governors emergency powers to take private property for the public benefit was a special sovereignty interest but the relief requested was not so much of a divestiture of the states sovereignty to render the suit as one against the state itself (E) holding a suit against an agency of the state is a suit against the state

A: (C)
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Q: three additional bases for equitably tolling 2244(d)'s one-year limitation period: (1) "his lack of access to legal resources," (2) "his lack of legal knowledge," and (3) his "medical disability" (depression). R. at 64. In his filings with this court, however, Mr. Sandoval does not renew these claims. Instead, he simply states that he "explained the circumstances beyond [his] control" during "habeas review." Aplt. Opening Br. for Appl. for COA at 2. Insofar as this could be read as an attempt to incorporate the three arguments by reference, this practice is generally disfavored in this circuit. See 10th Cir. R. 28.4 ("Incorporating by reference portions of lower court or agency briefs or pleadings is disapproved."); see also Wardell v. Duncan, 470 F.3d 954, 963-64 (10th Cir.2006) (<HOLDING>); Gaines-Tabb v. ICI Explosives, USA, Inc., 160
Holding statements: (A) holding that a defendant proceeding pro se is bound by same rules as party represented by counsel and a court cannot allow pro se litigant lower standard of performance (B) holding that courts must construe pro se filings liberally (C) holding that the appellant could not incorporate district court filings into his appellate brief by reference and that his pro se status did not except him from such established rules (D) holding that nonlawyer proceeding pro se could not represent his children (E) holding that although pro se briefs are liberally construed even pro se litigants must brief arguments in order to preserve them

A:
(C)
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