Local Rule Administrative Order 20-06: Order Temporarily Suspending Requirement to Obtain Original Signatures from Debtors for Electronic Filings
Bankr. N.D. Ala. — General rule
Administrative Order 20-06 All Divisions ORDER TEMPORARILY SUSPENDING REQUIREMENT TO OBTAIN ORIGINAL SIGNATURES FROM DEBTORS FOR ELECTRONIC FILINGS This order is issued in response to the recent outbreak of Coronavirus Disease 2019 (COVID-19) in the United States and the State of Alabama. On March 11, 2020, the World Health Organization characterized the COVID-19 outbreak as a pandemic.
On March 13, 2020, the President of the United States declared a national emergency as a result of the COVID-19 outbreak. The Centers for Disease Control and Prevention ("CDC") advises that individuals should engage in "social distancing" to prevent the spread of COVID-19.
In addition, there are individuals who may be in isolation because they are sick or have been exposed to someone who has or is suspected to have COVID-19. Accordingly, to reduce the need for personal contact, there is good cause to suspend temporarily and conditionally the requirement that an attorney obtain a debtor's original physical signature for an electronic filing; now, therefore, For all documents requiring a debtor's signature, the court temporarily suspends the requirement that an attorney secure the debtor's original, physical signature prior to electronically filing such documents on the condition that, prior to filing, the attorney has verified with the debtor that the debtor has received the entire document(s) to be filed and has communicated with the debtor regarding the substance and purpose of the document(s), including the review of a bankruptcy petition, schedules, and statements; and further that the attorney has either (a) obtained the debtor's digital signature via any commercially available digital signed software that provides signature authentication and maintains a copy of the digitally signed document(s) in the debtor's case file; or (b) obtains express written permission (including electronic mail) from the debtor to affix the debtor's signature to the document(s), and maintains a hard copy thereof in the file.
This order shall terminate and expire on May 31, 2020, unless extended by further order of the court.
Done this the 27th day of March 2020.
/s/ James J. Robinson James J. Robinson, Chief Judge U.S. Bankruptcy Court /s/ Tamara O. Mitchell Tamara O. Mitchell, Judge U.S. Bankruptcy Court /s/ Jennifer H. Henderson Jennifer H. Henderson, Judge U.S. Bankruptcy Court /s/ Clifton R. Jessup, Jr. Clifton R. Jessup, Jr., Judge U.S. Bankruptcy Court /s/ D. Sims Crawford D. Sims Crawford, Judge U.S. Bankruptcy Court