Section 363(b)(1) and (c) of the Bankruptcy Code

Section 363(b)(1) and (c) of the Bankruptcy Code provides that the sale or transfer of estate property outside the ordinary course of business must be accomplished through a noticed motion: "The trustee, after notice and a hearing, may use, sell, or lease, other than in the ordinary course of business, property of the estate . . . ." (11 U.S.C. 363(b)(1), (c).) Moreover, in order to invalidate a transfer made in violation of section 363, section 549 provides that the trustee must bring an action to avoid such a transfer. (11 U.S.C. 549(a), (d).) One exception, not applicable here, provides the unauthorized transfer of real property may not be avoided where it is made to a good faith purchaser: "The trustee may not avoid under subsection (a) of this section a transfer of an interest in real property to a good faith purchaser without knowledge of the commencement of the case and for present fair equivalent value unless a copy or notice of the petition was filed, where a transfer of an interest in such real property may be recorded to perfect such transfer, before such transfer is so perfected that a bona fide purchaser of such real property, against whom applicable law permits such transfer to be perfected, could not acquire an interest that is superior to such interest of such good faith purchaser." (11 U.S.C. 549(c).)