Edward Cutter, II v. David Seror

MEMORANDUM

Edward Williams Cutter, II (“Edward”), the debtor, and John F. Cutter, as guardian ad litem for Trip Cutter, Edward’s son, appeal from the opinion of the Bankruptcy Appellate Panel (“BAP”) affirming the Bankruptcy Court’s determination that the Edward Williams Cutter, 2d Inter-Vivos Trust dated May 23, 1998 (the “Trust”), was a “self-settled trust” under California law and that Edward’s creditors could reach all of the Trust assets contributed by Edward. In re Cutter, 398 B.R. 6, 20-21 (9th Cir. B.A.P.2008). We affirm the Bankruptcy Court.

We review the Bankruptcy Court’s determination of historical facts for clear error but review de novo its selection of the applicable legal rules and the application of the facts to those rules. Murray v. Bammer (In re Bammer), 131 F.3d 788, 791-92 (9th Cir.1997) (en banc).

1. Appellee requests that we dismiss this appeal because: (a) appellants failed to provide an adequate record to permit proper review; (b) appellants failed to properly serve the record; and (c) the appeal is frivolous. Although appellants have failed to comply with our rules concerning the record and briefs, and as we subsequently hold, the appeal lacks merit,…