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PHOENIX AMERICAN LIFE INS. CO. v. DEVAN

No. CIV. JFM-03-3667.

308 B.R. 237 (2004)

PHOENIX AMERICAN LIFE INSURANCE COMPANY, Appellant, v. Deborah H. DEVAN, Trustee for Merry-Go-Round Enterprises, Inc., Appellee.

United States District Court, D. Maryland.

April 12, 2004.

Attorney(s) appearing for the Case

Morton A. Faller, Shulman, Rogers, Gandal, Pordy and Ecker, PA, Rockville, MD, for Appellant.

Cynthia L. Leppert, Jason M. St. John, Neuberger, Quinn, Gielen, Rubin and Gibber, PA, Joel I. Sher, Shapiro, Sher, Guinot and Sandler, Baltimore, MD, for Appellee.

MEMORANDUM

MOTZ, District Judge.

This is an appeal from a Bankruptcy Court ruling that interest payments made by debtor, Merry-Go-Round Enterprises, on post-petition policy loans obtained from appellant Phoenix American Life Insurance Company ("Phoenix") are avoidable post-petition transfers under 11 U.S.C. § 549(a). I will affirm the ruling of the Bankruptcy Court.

I.

Debtor filed for relief under the Bankruptcy Code on January 11...

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