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IN RE ERNIE HAIRE FORD, INC.

No. 13-11810 Non-Argument Calendar.

764 F.3d 1321 (2014)

In re ERNIE HAIRE FORD, INC., d.b.a. Ernie Harie Megavolume Superstore, d.b.a. BigDog Motorcycles of Tampa, d.b.a. Quicklane Tire & Auto Center, d.b.a. Ernie Haire Used Car Supercenter of Tampa, d.b.a. Ernie Haire Used Car Auto Mall, d.b.a. Indian Motorcycle of Tampa, Debtor. Benjamin Atkinson, Plaintiff-Appellant, v. Ernie Haire Ford, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 4, 2014.

Attorney(s) appearing for the Case

Donald Joseph Schutz , Schutz Litigation, LLC, St. Petersburg, FL, Ruel W. Smith , Hinshaw & Culbertson, LLP, Tampa, FL, for Plaintiff-Appellant.

Geoffrey Todd Hodges , GT Hodges, PA, Lutz, FL, for Defendant-Appellee.

Before WILSON, PRYOR and ROSENBAUM, Circuit Judges.

WILSON, Circuit Judge:

Appellant Benjamin Atkinson appeals from the district court's affirmance of the bankruptcy court's orders granting Appellee Ernie Haire Ford, Inc.'s (Debtor) motion to modify its Second Amended and Restated Chapter 11 Plan (Second Plan) and confirming the Debtor's Third Amended Plan of Reorganization (Third Plan). Because Atkinson's interest in avoiding liability is not an interest protected or regulated by the Bankruptcy Code, he has failed...

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