Following an order denying the Debtor’s motion to dismiss, the Debtor sought certification of his appeal directly to the Court of Appeals, bypassing the District Court, pursuant to 28 U.S.C. § 158(d)(2)(B). Direct certification is allowed under 28 U.S.C. § 158(d)(2)(A) if the court before which the matter is pending determines:
(i) the . . . order . . . involves a question of law as to which there is no controlling decision of
Answer a Complaint filed by Wells Fargo in North Carolina Superior Court, Stonebridge asserted several counterclaims. When Stonebridge later filed Chapter 11, the state court action was removed to bankruptcy court. Following the heightened pleading standards of Iqbal/Twombley, Wells Fargo sought dismissal of the counterclaims under Rule 12(b)(6) for failing to state claims for relief that were facially plausible. Stonebridge argued that the more permissive North Carolina pleading standards should apply, as the case originated in sta