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: required expert testimony at trial. We agree with other appellate courts that the statute does not violate the open courts provision by requiring an expert report sooner rather than later in the litigation. See, e.g., Gill v. Russo, 39 S.W.3d 717, 719 (Tex.App.-Houston [1st Dist.] 2001, no pet.); Knie v. Piskun, 23 S.W.3d 455, 467 (Tex.App.-Amarillo 2000, pet. denied). Mocega's fifth point is overruled. Notice of Hearing Mocega's final two points assert the trial court was required to grant her the grace period provided under art. 4590i, 13.01(g). A motion under that section is timely if filed before "any hearing" on a defendant's motion to dismiss. Urquhart's motion was "heard" by submission on April 3rd. See Martin v. Martin, Martin & Richards, Inc., 989 S.W.2d 357, 359 (Tex.1998) (<HOLDING>). Mocega's motion was not filed until April
Holding statements: (A) holding term successor does not contemplate acquisition by ordinary purchase from another corporation (B) holding that a hearing does not contemplate an oral presentation unless required by express language or context (C) holding that oral rendition of judgment supported by the courts docket sheet was insufficient express specific written order is required (D) holding that statutory authority to modify does not contemplate fundamental changes (E) holding that express oral agreement with government agent was not binding because among other factors applicable regulations required contract to be in writing

Answer: holding term successor does not contemplate acquisition by ordinary purchase from another corporation

Question: of whether the images on the site constituted child pornography, the receipt shows Shiver's familiarity with making commercial transactions for pornographic images on the Internet. The government also presented evidence specifically showing that the image of one child in particular had been produced in North Carolina. That the latter image ended up on Shiver's computer in Florida strongly suggests that it traveled in interstate commerce. We likewise reject Shiver's contention that the government's evidence was insufficient to support the jury's conclusion that he "knowingly possessed" the images of child pornography on his computer. Although we have interpreted the meaning of "knowing possession" in other contexts, see, e.g., United States v. Glover, 431 F.3d 744, 748 (11th Cir.2005) (<HOLDING>) (quotation omitted), we have not yet had
Holding statements: (A) holding that the phrase possession or custody in 5225b requires actual and not merely constructive possession (B) holding in a similar factual situation that the bankruptcy court had no jurisdiction because it had no actual or constructive possession of the letters of credit involved (C) recognizing theory of constructive possession (D) holding that constructive possession need not be exclusive but may be shared by others (E) holding that k no wing possession can be demonstrated by proof of either actual or constructive possession

Answer: holding that the phrase possession or custody in 5225b requires actual and not merely constructive possession

Question: determination of whether equity exists to support the second lien depends on the valuation of both the first secured claim and the collateral. Fairness and common sense require that both of these valuations be made as of the same date; otherwise, the comparison fails. Accordingly, cases where courts have considered the proper date of valuation for purposes of determining whether equity is available to support a junior lien are relevant to the Court's consideration of this issue. The Debtors cite four cases in their submission, one of which is inapplicable and two of which actually support the Defendant's position. One of the cases does not address the proper timing of the valuation of the first lienholder's claim or of the collateral. In re Dolinak, 497 B.R. 15 (Bankr.D.N.H.2013)(<HOLDING>). Another holds that the proper date for
Holding statements: (A) holding that a wholly unsecured junior mortgage lien can be avoided under nobelman (B) holding that a wholly unsecured junior mortgage on chapter 13 debtors residence could not be stripped down into an unsecured claim by debtors plan (C) holding that an allowed wholly unsecured consensual junior lien may not be stripped off in a chapter 7 case (D) holding that a socalled chapter 20 debtor may strip off a wholly unsecured junior lien (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

Answer:
holding that a wholly unsecured junior mortgage lien can be avoided under nobelman