By The Honorable William Houston Brown (Retired)
Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA were not “related to” the bankruptcy case, because that claim arose postpetition and did not constitute property of the bankruptcy estate. Lacking subject matter jurisdiction over that claim, the FDCPA count was dismissed. In re . . .
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