In re: DENNIS J. COOK v. Dennis James Cook

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
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.
No. 08-60053
BAP No. CC-08-01091-HMoD
MEMORANDUM *
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Hollowell, Montali, and Dunn, Bankruptcy Judges, Presiding
FILED
MAR 09 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
Submitted March 4, 2010**
Pasadena, California
Before: CANBY, GOULD and IKUTA, Circuit Judges.
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.

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