No. 18-974

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

Lower Court: Fourth Circuit
Docketed: 2019-01-28
Status: Denied
Type: Paid
Tags: access-to-records article-iii article-iii-courts bankruptcy-conflicts bankruptcy-disclosure bankruptcy-fiduciary bankruptcy-integrity bankruptcy-procedure bankruptcy-standing integrity-of-process judicial-review pecuniary-interest persons-aggrieved standing
Key Terms:
AdministrativeLaw ERISA DueProcess Trademark JusticiabilityDoctri
Latest Conference: 2019-04-18
Question Presented (from Petition)

Respondent McKinsey Recovery & Transformation
Services US LLC ("McKinsey") was employed to assist
debtors in a bankruptcy reorganization. Petitioner and
creditor Mar-Bow Value Partners, LLC ("Mar-Bow") alleges that McKinsey failed to disclose information during bankruptcy proceedings required by Bankruptcy
Rule 2014 relating to potential conflicts of interest and
bias, and thereby injured the interests of parties and
the public in the fairness and integrity of the bankruptcy process. The Bankruptcy Court granted MarBow's objection in part and denied it in part, ordering
that certain disclosures be in camera despite no evidence supporting sealing. The District Court dismissed
Mar-Bow's appeal because it found that Mar-Bow
lacked a pecuniary interest in the outcome and therefore could not meet the prudential "persons aggrieved"
test for bankruptcy appellate standing. The Fourth
Circuit summarily affirmed the District Court's decision "for the reasons stated by the district court."

The Question Presented is whether Article III
federal courts may apply the "persons aggrieved"
pecuniary-interest test (a judge-made prudential
standing doctrine) to preclude judicial review of orders
entered by an Article I bankruptcy court when an appellant suffers an inherently non-pecuniary injury
that arises from impairment of the integrity of the
bankruptcy process and inaccessibility of court records.

Question Presented (AI Summary)

Whether Article III federal courts may apply the 'persons aggrieved' pecuniary-interest test to preclude judicial review of orders entered by an Article I bankruptcy court when an appellant suffers an inherently non-pecuniary injury that arises from impairment of the integrity of the bankruptcy process and inaccessibility of court records

Docket Entries

2019-04-22
Petition DENIED.
2019-04-02
DISTRIBUTED for Conference of 4/18/2019.
2019-04-01
Reply of petitioner Mar-Bow Value Partners, LLC filed. (Distributed)
2019-03-19
Brief of respondents McKinsey Recovery & Transformation Services US LLC, et al. in opposition filed.
2019-02-13
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2019.
2019-02-11
Motion to extend the time to file a response from February 27, 2019 to March 29, 2019, submitted to The Clerk.
2019-01-22
Petition for a writ of certiorari filed. (Response due February 27, 2019)
2018-11-26
Application (18A535) granted by The Chief Justice extending the time to file until January 22, 2019.
2018-11-20
Application (18A535) to extend the time to file a petition for a writ of certiorari from December 5, 2018 to January 22, 2019, submitted to The Chief Justice.

Attorneys

Mar-Bow Value Partners, LLC
Laurence Henry TribeHarvard Law School, Petitioner
McKinsey Recovery & Transformation Services US LLC, et al.
Roy T. Englert Jr.Robbins, Russell, et al., Respondent