BWH Texas has asked to convert its jointly administered case to Chapter 7, offering no substantive justification beyond its asserted statutory right to convert under section 1112. The Consumer Borrowers simultaneously seek a Chapter 11 trustee, arguing that the court’s prior findings of dishonesty and mismanagement involving Matthew Martorello—which led to a trustee for Eventide—also require independent control of BWH. Both motions are set for an August 17 hearing under the conversion hearing notice.
BWH argues that it has no operating business to reorganize and that a Chapter 7 trustee can liquidate assets and pursue insider claims more cheaply than a Chapter 11 trustee, according to its objection to the trustee motion. The Consumer Borrowers counter that conversion would fragment two intertwined estates and impede coordinated investigation of BWH, which they allege received part of $41 million transferred from Eventide; they want an independent Chapter 11 fiduciary coordinating with Eventide trustee Mark Andrews. The ruling will determine who controls BWH’s litigation and liquidation strategy and whether administration remains coordinated with Eventide, as detailed in the response opposing conversion.
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