CASB — General Order 20-2-A (Admin Order)

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/general-orders/Signature%20AO20-2.2-A.FINAL_.pdf

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

In re: ) ) FILED April 6, 2020 AMENDING TEMPORARY SUSPENSION ) OF REQUIREMENT TO OBTAIN ORIGINAL ) ADMINISTRATIVE ORDER SIGNATURES FOR ELECTRONIC FILINGS ) NO. 20-2-A ) _______________________________________________ )

On March 13, 2020, the President of the United States declared a national emergency as a

result of the COVID-19 pandemic. Due to the “social distancing” guidelines recommended by the Centers for Disease Control to prevent the spread of the COVID-19 pandemic; good cause exists to temporarily suspend on the conditions specified below the requirement of a “signature” as defined in 28 U.S.C. § 1746 for documents that cannot be otherwise timely filed due to lack of an opportunity for personal contact between the attorney and client.

IT IS HEREBY ORDERED as follows:

1. If the attorney is unable to timely comply with the filing of any documents required to be signed by any party under penalty of perjury ("Verified Documents") with a "wet signature" due to problems relating to the COVID 19 pandemic, the court will temporarily accommodate those problems pending further order of the court, if the attorney complies with the following conditions as well as any conditions specified under Local Bankruptcy Rule 5005 that are not temporarily changed by this order:

2. For documents other that those specified in Bankruptcy Rule 7008, the attorney must:

   a. Transmit the entire Verified Document to the client for review and signature;

   b. Communicate with the client regarding the substance and purpose of the Verified Document;

   c. Before filing, either receive oral permission for the attorney to sign the document as if the client were to be signing under penalty of perjury, or receive back from the client facsimile, pdf, scan, or photo of the signed Verified Document; and

   d. File with the court before the earlier of the hearing to which the Verified Document applies, or 28 days thereafter, an amended Verified Document that contains the scanned signature of the client.

3. Regarding only the documents specified in Fed. R. Bankr. P. 1008, as implemented in Local Bankruptcy Rule 5005-4(c), the debtor attorney must comply with the requirements of ¶¶2 a, b and c, and in addition:

   a. Comply with Local Bankruptcy Rule 5005-4(c) by obtaining the original physical signature by U.S. Mail, facsimile, pdf, scan, or photo of the signed local form and

   by filing a scanned Local Form CSD 1801, Local Form CSD 1099, or Local Form CSD 1100, as applicable.

   b. If the applicable Local CSD Form is not filed with the Verified Document, the court will issue a deficiency notice, but the notice period will be extended to 28 days during which time the applicable CSD Form containing the debtor's signature must be filed.

   4. For all Verified Documents, in lieu of compliance with ¶2 or 3 above, the court will accept a signature by the party achieved by digital signing software, if proof of use of that process is filed with the Verified Document.

   5. The filing of Verified Documents will constitute a representation and certification under penalty of perjury that the debtor’s attorney has complied with the conditions of this Administrative Order.

      This Administrative Order does not waive, suspend, limit or alter any other Administrative Procedures requirement, or any Bankruptcy Local Rule, Bankruptcy Code section, or Federal Rule of Bankruptcy Procedure.

IT IS FURTHER ORDERED that the suspension of the debtor signature requirement on the petition filing date in accordance with this Administrative Order will remain in effect until further order from the court.

DATED: April 6, 2020 s/ Margaret M. Mann MARGARET M. MANN Chief Judge, U.S. Bankruptcy Court