Construction and Application of 11 U.S.C.A. § 1112(b)(4)(A), Providing for “Reasonable Likelihood of Rehabilitation” that Chapter 11 Debtor Must Have in Order for Substantial or Continuing Losses to Estate Not to Provide “Cause” for Dismissal or Conversion of Case

A bankruptcy court considering whether to convert or dismiss a Chapter 11 case under 11 U.S.C.A. § 1112(b)(4)(A) must consider not only whether there is a substantial or continuing loss to or diminution of the bankruptcy estate but also whether there is the absence of a reasonable likelihood of “rehabilitation,” a term which refers to a likelihood of the success of the plan as amended.