In Re Eagle-Picher Industries, Inc.

DECISION ON COMERICA MOTIONS (1) FOR RELIEF FROM AUTOMATIC STAY, and (2) REQUIRING EAGLE-PICHER INDUSTRIES, INC. TO TIMELY PERFORM OBLIGATIONS OR ASSUME OR REJECT LEASE PURCHASE CONTRACT

BURTON PERLMAN, Chief Judge.

Comerica Bank (“Bank”), an indenture trustee-lender, has filed two motions. In the first, it seeks relief from automatic stay and adequate protection payments. In its second motion, Comerica invokes 11 U.S.C. § 365, seeking timely performance pursuant to § 365(d)(3) and/or the setting of a time to assume or reject pursuant to § 365(d)(2). What is involved here is a contractual…