Local Rule 5005-6: ELECTRONIC SIGNATURES

5005-6 ELECTRONIC SIGNATURES

(a) E-Filing Log-in and Password of Electronic Filers The log-in and password of an electronic filer of the Clerk's CM/ECF system constitutes the registered user's original signature for purposes of Federal Rule Civil Procedure 11, Official Bankruptcy Rule 9011, the Local Rules of the Court, and for any other purpose for which a signature is required in connection with proceedings before the Court.

(b) Electronically Filed Documents Bearing a Signature of Another Party

(1) Signature of a Debtor on Electronically Filed Petition and Schedules An attorney electronically filing a case for a debtor must maintain the debtor's original "wet" signatures on the petition, schedules and statements for at least 7 years following the completion of meeting of creditors when using an electronic signature for the debtor. The attorney is authorized to use a declaration of electronic filing whereby the debtor "wet" signs a declaration adopting all the typewritten signatures on the petition, schedules and statements as the debtor's own signature. The "wet" signed declaration shall be maintained for 7 years following the completion of the meeting of creditors.

(2) Type Written Signatures of Other Parties in the Case When an electronic filing user includes the type-written signature of another attorney or party to the case on a filed document, other than a proof of claim or exhibit, the filer must either:

(A) Expressly represent above or next to the typewritten signature line of the other party that the filer is including the other party's typewritten signature with the express consent of the party.

(B) Attach a PDF of the consenting party's scanned-in "wet" signature.

(C) Identify on the document the party whose signature is required and have that party file with the Clerk a notice that the party has endorsed the document;

(D) Utilize another method approved by the Court.

(c) Electronic Signatures for Documents Not Filed via CM/ECF or via U.S. Mail When a document with electronic signatures is filed with the Court or Clerk by means other than CM/ECF or by U.S. mail, such as a proof of claim filed through the Court's website, the filer of the document must maintain an original copy of the document that bears the handwritten signature of the filer, and any other party whose signature is on the document, until the case is closed. On request of the Court or a party to a proceeding, the filer of the document must produce the original copy for review. This Local Rule does not prohibit or supersede an internal policy on the destruction of original documents and their electronic preservation.