Dennis Cook v. Weneta Kosmala

370 F. App'x 791

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 9, 2010
• Docket: 08-60053
• Status: Unpublished

Opinion

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 § 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.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.