22 B 1957, 23 A 00330
Chapter 11 individual debtor/plaintiff sued a party that filed a proof of claim as well as its attorneys, asserting claims for relief under the Fair Debt Collections Practices Act.  Defendants filed a motion to dismiss.  HELD: Plaintiff’s amended complaint did not contain well-pleaded allegations that each of the defendants was a debt collector.  Neither did the amended complaint plausibly allege that the underlying debt was a consumer debt – that it arose out of a transaction incurred primarily for personal, family, or household purposes.  Each of these elements is required to state a claim for relief under the FDCPA.  Since plaintiff already had an opportunity to file an amended complaint, the court granted the motion to dismiss with prejudice.