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

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. United States Court of Appeals, Ninth Circuit. Submitted March 4, 2010. Filed March 9, 2010. Jeffrey Ian Golden, Esquire, Weiland Golden Smiley Wang Ekvall & Strok, Cos-ta 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. Before: CANBY, GOULD and IKUTA, Circuit Judges. The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). [MAJORITY] 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.