Figueroa v. Wells Fargo Bank N.A., (S.D.Fla.)

Appeals - Interlocutory appeal from order dismissing debtor's adversary complaint as to three of eight defendants would be denied.

Leave to file an interlocutory appeal from a bankruptcy court order dismissing the debtor's adversary complaint, which asserted claims under the Truth in Lending Act (TILA), as to three of eight named defendants, would be denied, a federal district court in Florida has determined. It was undisputed that the issue on appeal, which involved whether a debtor who enters into a sale/lease-back transaction with the purchaser of her home and continues to live there has standing to assert claims under TILA for rescission and to quiet title against the creditors that provided financing to the purchaser, was a controlling issue of law. However, there was not a substantial ground for difference of opinion as to the relevant legal issue, as there was no binding authority on this legal issue and the debtor failed to demonstrate that at least two courts interpreted this legal principle differently. In addition, an interlocutory appeal in this case would not have advanced the ultimate termination of the underlying adversary proceeding.