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IN RE SUPERIOR SIDING & WINDOW, INC.

No. 92-1611.

14 F.3d 240 (1994)

In re SUPERIOR SIDING & WINDOW, INCORPORATED, Debtor. ROLLEX CORPORATION, Creditor-Appellant, v. ASSOCIATED MATERIALS, INCORPORATED; Certainteed Corporation; Season-All Industries; Aluminum Products Company, Incorporated; Construction Products, Division of Reynolds Metal Company; Benjamin Obdyke, Incorporated; Mid American Building Products, Creditors-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1994.

Attorney(s) appearing for the Case

Suzanne Hulst Clawson, Sinkler & Boyd, P.A., Columbia, SC, argued, for creditor-appellant.

Andrew Jackson White, Jr., Haynsworth, Marion, McKay & Guerard, Greenville, SC, argued (Robert M. White, on brief), for creditors-appellees.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

The question presented is whether the bankruptcy court, when presented with "cause" to grant a motion to dismiss or to convert a Chapter 11 proceeding to a Chapter 7 proceeding under 11 U.S.C. § 1112(b), erred in dismissing the proceeding rather than converting it to a Chapter 7 proceeding. Rejecting the largest creditor's objection to dismissal, which was based on the fact that dismissal would protect preferences obtained...

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