Opinion
No. 08-60053.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 9, 2010.
Jeffrey Ian Golden, Esquire, Weiland Golden Smiley Wang Ekvall Strok, Costa Mesa, CA, for Appellant.
William Miles Burd, Burd Naylor, Santa Ana, CA, Keith S. Dobbins, Esquire, Keith S. Dobbins Law Offices, Woodland Hills, CA, for Appellees.
Appeal from the Ninth Circuit, Bankruptcy Appellate Panel Hollowell, Montali, and Dunn, Bankruptcy Judges, Presiding. BAP No. CC-08-01091-HMoD.
Before: CANBY, GOULD and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 Netmnan 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.