Local Rule RULE 9011–1: Signing Documents; Representations to the Court; Sanctions; Verifying and Providing Copies

RULE 9011–1 Signing Documents; Representations to the Court; Sanctions; Verifying and Providing Copies

(a) Responsibility for Use of Login and Password. An attorney or other person who is assigned a Court-issued login and password to file documents electronically is responsible for all documents filed using that login and password.

(b) Signature and Certification. The transmission of a petition, pleading, motion, or other paper by electronic means shall constitute both a signature by the attorney or other person responsible for transmitting it that is required by Bankruptcy Rule 9011(a) and a certification within the meaning of Bankruptcy Rule 9011(b). Such transmission shall also constitute a representation by the attorney or other person responsible for an electronic transmission to the Court that they are in possession of the original petition, pleading, motion, or other paper, with all original signatures thereon as that term is defined in subsection (e) herein.

(c) Production. Upon reasonable request by the Court or an interested party, the attorney or other person responsible for an electronic filing shall produce for inspection and copying the original petition, pleading, motion, or other paper filed by electronic means, with all original signatures thereon.

(d) Original Signatures.

(1) An original signature of an attorney includes a signature obtained or sent by facsimile, scanned document, electronic mail authorization, or other electronic means, authorizing the placement of the signature of the authorizing person on the document to be filed.

(2) Except as provided in Local Bankruptcy Rule 3011–1(b) on Applications for Unclaimed Funds, an original signature of a party (a "Virtual Party Signature") includes a signature transmitted by facsimile, scanned document, or other electronic means containing the original signature.

(3) While not required, after obtaining a Virtual Party Signature, all parties are encouraged to obtain the original physical/wet ink signatures on any petition, schedule or statement, chapter 13 plan, and any other document filed under oath or subject to the penalty of perjury.

(e) Maintenance. The attorney or other person responsible for an electronic transmission to the Court shall maintain evidence of the original petition, pleading, motion or other paper bearing original or Virtual Party Signature other than that of the electronic filer, for three (3) years after the bankruptcy case is closed.