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91 compensation for investment opportunities lost as a result of the bankruptcy proceeding are not adequately protected. See United Sav. Ass'n of Tex. v. Timbers of Inwood Forest Assocs., Ltd., 484 U.S. 365 (1988). Finally, it is also important to note that a "secured creditor is entitled to adequate protection only upon motion and only prospectively from the time such protection is sought." In re Best Prods. Co., Inc., 138 B.R. 155, 156-57 (Bank. S.D.N.Y. 1992). 2. Use, Sale and Lease of Property Section 363 of the Bankruptcy Code defines the rights and powers of a debtor-in-possession or a trustee 44 with respect to the use, sale or lease of property of the estate and sets forth the rights of other parties who have interests in such property. This Section is applicable in Chapter 7 and 11 cases, and, with limitations, in a Chapter 13 case. a. Generally At the most basic level, the Bankruptcy Code differentiates between two types of transactions that occur in any business operation: transactions that are normal and routine, i.e., transactions "in the ordinary course," and transactions that are not typical to a debtor's business, i.e., transactions "not in the ordinary course." According to Section 363(c)(1), if the business of a debtor is authorized to be operated under Section 721, 1108, 1203 or 1304 of the Bankruptcy Code, the trustee may use, sell, or lease property of the estate (other than cash collateral, discussed below in Chapter V.E.2.b.) in the ordinary course of business without notice and a hearing. Thus, in a typical Chapter 11 case, normal business operations will proceed much as before the filing. However, pursuant to Section 363(b)(1), a trustee or debtor-in- possession must provide notice and a hearing before property of 44 For purposes of the discussion of Section 363 of the Bankruptcy Code, references to a "trustee" also encompass a debtor-in-possession in the Chapter 11 context. See Chapter VI.A. for a complete discussion of the treatment of a debtor-in-possession.

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