Courts have looked beyond the § 1112(b) list to find cause to convert or dismiss based on these additional factors: (1) a debtor’s failure to file required operating reports. See In re Berryhill, 127 B.R. 427, 433 (Bankr.N.D.Ind.1991); (2) the filing of materially inaccurate operating reports. See In re Continental Holdings, Inc., 170 B.R. 919, 929 (Bankr.N.D.Ohio 1994); and (3) a debtor-in-possession’s dereliction of its fiduciary duty to creditors. When a corporation files for protection under Chapter 11, the officers and managing employees have a fiduciary duty to creditors and shareholders. This creates an “obligation to treat all parties, not merely the shareholders, fairly.” Commodity Futures Trading Comm’n v. Weintraub, 471 U.S. 343, 355-56, 105 S.Ct. 1986, 85 L.Ed.2d 372 (1985) (<HOLDING>). See In re Hampton Hotel Investors, L.P., 270
holding that in chapter 7 context the debtors had no power to transfer the property without the approval of the trustee holding in a case where a chapter 11 trustee was appointed after a period during which the debt or had operated as debtor in possession that a chapter 11 trustee has two years from the date of his appointment not from the commencement of the chapter 11 case to bring avoidance actions holding that a chapter 7 trustee has the power to waive the attorneyclient privilege regarding prebankruptcy communications on behalf of the corporation holding that a trustee in a proceeding under chapter x of the bankruptcy act did not have standing to assert on behalf of the holders of debentures issued by the bankrupt in reorganization various negligence claims against an indenture trustee holding that a chapter 7 trustee was the only person with authority to bring  a cause of action after the appointment of a trustee