Atkinson v. Ernie Haire Ford, Inc. (In Re Ernie Haire Ford, Inc.), 764 F.3d 1321

Debtor, a Florida Ford dealer, filed Chapter 11 in 2008; Second Plan confirmed in 2009 authorized a liquidating agent and defined a Litigation Bar Date for pre-Effective Date claims.
Second Plan allowed enjoining actions barred by the Plan at the request of a defendant, and required unpending litigation to be brought or deemed waived.
Atkinson, a former creditor and employee, was named in 16 adversary proceedings for fraud and misappropriation after the Litigation Bar Date.
Debtor sought to modify the Second Plan to extend the Litigation Bar Date to permit the adversary proceedings against Atkinson to proceed.
Bankruptcy court found a modification could occur as the Second Plan was not substantially consummated; Third Plan later amended the Bar Date and was confirmed in 2012.
On appeal, district court affirmed; Atkinson appeals arguing he is a person aggrieved because the modification affected his right to an injunction under the Plan.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Atkinson is a person aggrieved to appeal	Atkinson possessed a direct right under the Plan to seek injunctions against post-Bar-Date claims.	Atkinson’s interest is adversary-defendant avoiding liability, not protected by Bankruptcy Code.	No; Atkinson not aggrieved because interest not protected by Code.
Whether a party not protected by the Bankruptcy Code can appeal	Atkinson’s unique Plan-based rights distinguish him from ordinary adversary defendants.	Even Plan-based rights outside the Code do not confer aggrievement.	Not aggrieved; interests not within Bankruptcy Code do not support appeal.
Whether the 'person aggrieved' standard applies post-1978	The standard should reflect continued ability to appeal for direct rights affected by the order.	Post-1978 reforms did not alter the need for aggrievement.	Standard applies; only direct, pecuniarily affected interests within the Code qualify.

In re Westwood Cmty. Two Ass’n, 293 F.3d 1332 (11th Cir. 2002) (defines aggrieved as directly, adversely, pecuniarily affected)
Travelers Ins. Co v. H.K. Porter Co., 45 F.3d 737 (3d Cir. 1995) (agnostic to standing; focus on aggrievement)
Depoister v. Mary M. Holloway Found., 36 F.3d 582 (7th Cir. 1994) (principle of aggrievement in bankruptcy appeals)
Holmes v. Silver Wings Aviation, Inc., 881 F.2d 939 (10th Cir. 1989) (standing limitations in bankruptcy appeals)
Kane v. Johns-Manville Corp., 843 F.2d 636 (2d Cir. 1988) (reasoning on procedural standing in bankruptcy)
In re El San Juan Hotel, 809 F.2d 151 (1st Cir. 1987) (aggrievement requires direct impact on rights)
Fondiller v. Robertson (In re Fondiller), 707 F.2d 441 (9th Cir. 1983) (standing limitations in bankruptcy context)
In re LTV Steel Co., 560 F.3d 449 (6th Cir. 2009) (adversary defenses against liability do not satisfy aggrievement)
In re Colony Hill Assocs., 111 F.3d 273 (2d Cir. 1997) (aggrievement limited to interests protected by Code)
In re Harwald Co., 497 F.2d 443 (7th Cir. 1974) (aggrievement requires interest protected or regulated by Code)