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

Filing 52

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. 3:16cv799

{''Mar-Bow ir)
MCKINSEY RECOVERY &

TRANSFORMATION SERVICES US, LLC,

Appellee.
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"), and Appellee McKinsey Recovery &
Transformation Services US, LLC's ("McKinsey") Motion to Dismiss Appeal of Mar-Bow
Value Partners, LLC for Lack of Standing (the "Motion to Dismiss"), (ECF No. 36). Mar-Bow

' The appeals inthis case will bereferred to as^^Mar-Bow //." A different case pends in
whichMar-Bow has filed an appeal of otherrulings of the Bankruptcy Court. Mar-Bow Value
Partners, LLC v. McKinsey Recovery & Transformation Servs.,{Mar-Bow I) No. 3:16cv612.
The Memorandum Opinionin Mar-Bow I (the Mar-Bow / 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. This
Memorandum Opinion addresses Mar-Bow's appeal of the Bankruptcy Court's grant of
McKinsey's Third Interim and Final Fee Applications.

As discussed more fully below, see infra note 38, Mar-Bow filed duplicative notices of
appeal as to the Fee Application Rulings in this case and in Mar-Bow L The Court addresses
Mar-Bow's appeals of ±e Fee Application Rulings only in this 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 Mzr/ Memorandum Opinion.