David J. Pierce Trust U/A v. Alpha Natural Resources, Inc. (In Re: Alpha Natural Resources, Inc.)

Unpublished opinions are not binding precedent in this circuit.

During the underlying Chapter 11 bankruptcy case, the bankruptcy debtors moved pursuant to 11 U.S.C. § 365 to reject an agreement entered between John and Eunice Organ and one of the debtors’ predecessors. Successors-in-interest to the Organs (“Appellants”) objected, arguing that the agreement conveyed.to the Organs an interest in property that is not subject to termination under § 365. In thorough, well-reasoned opinions, the bankruptcy court held that the debtors could reject the agreement, and the district court affirmed that…