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IN RE MERRY-GO-ROUND ENTERPRISES, INC.

No. 04-1646.

400 F.3d 219 (2005)

In re: MERRY-GO-ROUND ENTERPRISES, INC., Debtor. Deborah H. Devan, Plaintiff-Appellee, v. PHOENIX AMERICAN LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 23, 2005.

Attorney(s) appearing for the Case

ARGUED: Morton Alfred Faller, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Rockville, Maryland, for Appellant. Cynthia Louise Leppert, Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Baltimore, Maryland, for Appellee. ON BRIEF: Stephen A. Metz, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Rockville, Maryland, for Appellant. Deborah H. Devan, Jason M. St. John, Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Baltimore, Maryland, for Appellee.

Before KING and SHEDD, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge King wrote the opinion, in which Judge Shedd and Judge Floyd joined.

KING, Circuit Judge:

In this appeal by Phoenix American Life Insurance Company ("Phoenix American"), we are called upon to decide whether interest payments made by a debtor on post-petition life insurance policy loans constitute avoidable transfers under § 549(a) of the Bankruptcy Code. Phoenix American maintains that the claim of the Trustee for...

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