C.O.P. Coal Development Co. v. C.W. Mining Co.

MATHESON, Circuit Judge.

This appeal asks whether the bankruptcy court correctly determined that the Coal Operating Agreement (the “Agreement”) between the debtor, C.W. Mining Company (“CWM”), and appellant, C.O.P. Coal Development Company (“COP”), was property of the debtor’s bankruptcy estate and could therefore be assumed and sold by the trustee. COP claims that the Agreement automatically terminated shortly after the bankruptcy petition was filed and that the bankruptcy court erred in determining that the Agreement was property of the estate. During the pendency of this appeal, the trustee…