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Case 16-42529 Doc 23 Filed 04/13/16 Entered 04/13/16 11:20:44 Main Document <br />Pg 10 of 32 <br />the Petition Date, the Debtors' continued engagement in these transactions is consistent with <br />reasonable expectations of creditors. <br />21. Based on the foregoing, the Debtors believe that they may pay all <br />postpetition amounts due pursuant to the Surety Bond Program and renew or obtain new Third - <br />Party Surety Bonds, and continue utilizing their Self -Bonding Privileges, without notice and a <br />hearing, as such actions are in the ordinary course of the Debtors' businesses. Nevertheless, the <br />Debtors request that the Court enter an order expressly authorizing them to do so to: <br />(a) eliminate any doubt on the part of any party, including Issuers, Obligees, third parties and <br />financial institutions with respect to the Debtors' authority to continue such programs; and <br />(b) encourage Issuers not to attempt to terminate or decline to renew the Third -Party Surety <br />Bonds, or refuse to enter into Third -Party Surety Bonds with the Debtors in the future. <br />Continuing the Surety Bond Program Is in the Best Interests of the Debtors' Estates <br />22. Alternatively, if the Court determines that the Surety Bond Program is not <br />within the ordinary course of the Debtors' businesses, then the Debtors request that the Court <br />enter an order pursuant to section 363(b)(1) of the Bankruptcy Code authorizing the Debtors to <br />continue the Surety Bond Program in the best interests of the Debtors' estates. <br />23. Section 363(b) of the Bankruptcy Code allows a debtor, after notice and <br />hearing, to "use, sell, or lease, other than in the ordinary course of business, property of the <br />estate." 11 U.S.C. § 363(b)(1). A debtor's decisions to use, sell or lease assets outside the <br />ordinary course of business must be based upon a sound business purpose. See In re Channel <br />One Commc'ns, Inc., 117 B.R. 493, 496 (Bankr. E.D. Mo. 1990) (citing Comm. of Equity Sec. <br />Holders v. Lionel Corp. (In re Lionel Corp.), 722 F.2d 1063, 1071 (2d Cir. 1983)). See also TLP <br />Servs., LLC v. Stoebner (In re Polaroid Corp.), 460 B.R. 740, 741-42 (B.A.P. 8th Cir. 2011) <br />(allowing a trustee, pursuant in part to section 363(b)(1), to use cash collateral to fund efforts to <br />-10- <br />