Mar-Bow Value Partners, LLC v. McKinsey Recovery & Transformation Services US LLC

Filing 50

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 09/30/2017. (tjoh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

MAR-BOW VALUE PARTNERS, LLC,

Appellant,
V.

Civil Action No. 3:16cv612

i^^Mar-Bow 7")
MCKINSEY RECOVERY &

TRANSFORMATION SERVICES US, LLC
and

ALPHA NATURAL RESOURCES, INC.,

Appellees.
MEMORANDUM OPINION

This matter comes before the Court on Appellant Mar-Bow Value Partners, LLC's

("Mar-Bow") appeal from several orders* ofthe United States Bankruptcy Court for the Eastern
District of Virginia (the "Bankruptcy Court"), Appellee McKinsey Recovery & Transformation
Services US, LLC's ("McKinsey") Motion to Dismiss Appeal of Mar-Bow Value Partners, LLC

as EquitablyMoot (the "Motion to Dismiss as EquitablyMoot"), (ECF No. 32), and McKinsey's

*The appeals inthis case will bereferred to as ^''Mar-Bow /." A different case pends in
which Mar-Bow has filed an appeal of other rulings of the Bankruptcy Court. Mar-Bow Value
Partners, LLC v. McKinsey Recovery & Transformation Servs.^ {Mar-Bow 11) No. 3:16cv799.
The Memorandum Opinion in Mar-Bow II (the '"''Mar-Bow II Memorandum Opinion") addresses
Mar-Bow's appeal of the Bankruptcy Court's grant of McKinsey's Third Interim and Final Fee
Applications. This Memorandum Opinion addresses Mar-Bow's appeal of the Bankruptcy
Court's rulings on Mar-Bow's objections regarding the Reorganization Plan and Mar-Bow's
Motion to Compel Compliance with Rule 2014.

As discussed more fully below, see infra note 32, Mar-Bow filed duplicative notices of
appeal as to the Fee Application Rulings in tWs case and in Mar-Bow 11 The Court addresses
Mar-Bow's appeals of the Fee Application Rulings only in the Mar-Bow //Memorandum
Opinion.
Given Mar-Bow's numerous appeals in both cases and the related nature of the facts
underlying the appeals, the Court notes throughout this Memorandum Opinion which rulings it
assesses in this appeal, and which rulings it evaluates in the Memorandum Opinion in the MarBow II Memorandum Opinion.