UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF KENTUCKY

CORBIN DIVISION

IN RE:

DAVID PAUL FISHER

DEBTOR CASE NO. 93-60310

MAXIE HIGGASON, TRUSTEE PLAINTIFF

VS. ADV. NO. 93-6041

DAVID PAUL FISHER and

TAMARA CORNETT FISHER DEFENDANTS

MEMORANDUM OPINION

This matter is before the Court on the defendants' Motion to Alter, Amend or Vacate the Judgment entered herein on August 12, 1994. The plaintiff was allotted time to respond, but has not. The defendants specifically contend that the Court should vacate its ruling that defendant Tamara Cornett Fisher was a creditor of the debtor holding an antecedent debtor prior to the filing of his bankruptcy petition.

In support of this contention the defendants cite Matter of Mobley, 15 B.R. 573 (Bkrtcy.S.D.Ohio 1981), stating that the Mobley court held that an "unearned" debt could not be considered an antecedent debt for which a preference would lie. This Court's reading of that case is that the debt was non-existent when the transfer was made, the debtor having paid a hospital for services to his wife and child more than a month before the services were rendered.

This Court discussed extensively the issue of Tamara Cornett Fisher's status as a creditor, and the existence of an antecedent debt, in its Memorandum Opinion of August 12, 1994. The defendants had, in fact, cited the Mobley case in their original brief. This Court did not find the case to be dispositive of the issue then, and finds no reason to change its opinion now. This Court stands by its ruling of August 12, 1994. The defendants' Motion to Alter, Amend or Vacate will be overruled by separate order.

Dated:

By the Court -

________________________________

Judge

Copies to:

Debtor

Marcia A. Smith, Esq.

Maxie Higgason, Esq., Trustee