In re Denver Cmmnty Development Credit Union Case No: 04-23761

This case comes before the Court on the Denver Community Federal Credit Union’s [the
“Credit Union”] Motion for Sanctions Pursuant to FED. R. BANKR. P. 9011 [the “Motion”]; United States Trustee’s Statement in Support of Motion for Sanctions; and the responses filed by the Association. The Court held a hearing on September 22, 2004. Denver Community Federal Credit Union, successor in interest to Denver Community Development Credit Union, appeared through counsel Brian J. Holst; Bruce Randolph Merchants & Civic Association, Inc. appeared through counsel Kristal Bernert; The United States Trustee appeared through Leo Weiss; Thomas Foster appeared pro se; and Kristal Bernert appeared pro se. The Motion prays for sanctions to be assessed against Kristal Bernert, attorney for the Association, and against Thomas Foster, a board member of the Association. Sanctions are sought both under FED. R.
BANKR. P. 9011 and under 11 U.S.C. § 303(i).

Date of decision: 10/5/04


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