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.

Q: health, education, and family comfort are also acceptable. See Collins v. Collins, 150 Fla. 374, 7 So.2d 443 (1942); Read v. Leitner, 80 Fla. 574, 86 So. 425 (1920). However, a debtor's homestead was held to be abandoned when a debtor moved to New Hampshire and attempted to sell his property in Fort Myers, Florida. In re Goode, 146 B.R. 860 (Bankr.M.D.Fla. 1992). In Teasdale v. Frederick (In re Frederick), 183 B.R. 968 (Bankr.M.D.Fla.1995), the Bankruptcy Court held that Chapter 7 debtor's property did not qualify for homestead exemption since, in placing property on the market for sale or lease, debtor abandoned his intent to use and occupy property as permanent place of residence. Teasdale v. Frederick (In re Frederick), supra. But cf., In re Herr, 197 B.R. 939 (Bankr.S.D.Fla.1996) (<HOLDING>); In re Crump, 2 B.R. 222 (Bankr.S.D.Fla.1980)
Holding statements: (A) holding that no abandonment of property as homestead was shown merely because after house located on property was destroyed in hurricane debtor had quit premises allowed property to become overgrown with weeds and posted a for sale sign (B) holding that regardless of whether the property was held as tenants in common or by the entirety the husband was entitled to hold property as a homestead (C) holding chapter 13 plan funded by sale of property was not feasible where the debtor had not stated the time period or terms of the sale and no provision was made for failure to sell the property (D) holding that the property held by the revocable trust in which the trustee was the beneficiary and the property was his permanent residence was a constitutionally protected homestead property (E) holding that the debtor could retain exempt property because it was not property of the estate

A: holding that regardless of whether the property was held as tenants in common or by the entirety the husband was entitled to hold property as a homestead
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Q: was pending on, AEDPA's effective date. See Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); United States v. Skandier, 125 F.3d 178 (3d Cir.1997). "Because the District Court relied entirely upon the state court record and did not hold an evidentiary hearing, our review [of the District Court's decision] is plenary." Hassine v. Zimmerman, 160 F.3d 941, 947 (3d Cir.1998) (citing Johnson v. Rosemeyer, 117 F.3d 104, 109 (3d Cir.1997)). Like the District Court, we must presume all state court factual findings to be correct, 28 U.S.C. 2254(d), but we "exercise plenary review over state court conclusions on mixed questions of law and fact and pure issues of law." Hassine, 160 F.3d at 947; see Miller v. Fenton, 474 U.S. 104, 105, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985)(<HOLDING>); Sumner v. Mata, 455 U.S. 591, 597, 102 S.Ct.
Holding statements: (A) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (B) holding that the jones act provides an independent basis for subject matter jurisdiction (C) holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction (D) holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal law (E) holding that while subsidiary factual questions are subject to 2254ds presumption the ultimate legal question of confessions constitutional voluntariness is a matter for independent federal determination

A: holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review
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Q: 14 F.3d at 1500. We conclude that it does not. Courts have recognized that the act of reopening a closed bankruptcy case does not afford the parties any substantive relief. Woods, 173 F.3d at 777 (quoting DeVore v. Marshack (In re DeVore), 223 B.R. 193, 198 (9th Cir. BAP 1998), for the proposition that "[t]he reopening of a case is 'merely a ministerial or mechanical act [that] ... has no independent legal significance and determines nothing with respect to the merits of the case.' "); see Cusano v. Klein, 264 F.3d 936, 948 (9th Cir.2001) (noting that order reopening closed case " 'lacks independent legal significance and determines nothing with respect to the merits of the case' ") (quoting Menk v. LaPaglia (In re Menk), 241 B.R. 896, 913 (9th Cir. BAP 1999)); Paine, 250 B.R. at 107 (<HOLDING>). Indeed, " '[t]he effect of [11 U.S.C.
Holding statements: (A) holding that department does not have independent authority to impose device in absence of court order (B) recognizing that an order reopening a closed case was simply a mechanical device that did not afford or deny the debtors any affirmative relief (C) holding that court lacked jurisdiction on appeal from injunction because the order was simply an interpretation of an earlier order (D) recognizing laches as an affirmative defense (E) recognizing that a defendant may not insist on representation by an attorney he cannot afford

A:
holding that department does not have independent authority to impose device in absence of court order
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