Full text
In Re Dennis J. COOK, Debtor, Weneta M.A. Kosmala, Chapter 11 Trustee, Chapter 7 Trustee of the Estate of Dennis James Cook, Appellant, v. Dennis James Cook; Donald D. Cook, Jr., Successor Trustee of the Donald D. Cook and Nancy a Cook Revocable Trust, Appellees
MEMORANDUM **
Because property devised to an inter vivos trust from a will “is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given,” Cal. Prob.Code § 6300, the real property at issue here became a part of the inter vivos trust to which it was devised. We have held that “ ‘income distributions derived from an intervivos trust do not fit within’ the definition of *792 § 541(a)(5)(A) and therefore escape ‘the pale of the 180 day dragnet.’ ” Neuton v. Danning (In re Neuton), 922 F.2d 1379, 1384 n. 6 (9th Cir.1990) (quoting Newman v. Magill, 99 B.R. 881, 884-85 (C.D.Ill. 1989)). Therefore, the Debtor’s interest in the inter vivos trust assets is not property of the bankruptcy estate.
AFFIRMED.
Footnotes
[**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.