CASB — General Order 20-2 (Admin Order)

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/general-orders/Admin%20Order%20Signature%2020-2.pdf

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

In re: ) FILED March 25, 2020 ) TEMPORARY SUSPENSION OF REQUIREMENT ) ADMINISTRATIVE ORDER TO OBTAIN ORIGINAL SIGNATURES FROM ) NO. 20-2 DEBTORS FOR ELECTRONIC FILINGS ) _______________________________________________ )

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, including in regard to the documents specified in Fed. R. Bankr. P. 1008, as implemented in Local Bankruptcy Rule 5005-4(c).

IT IS HEREBY ORDERED as follows:

Documents required to be signed by the debtor under penalty of perjury ("Verified

Documents") may be filed electronically by the debtor’s attorney if the attorney either:

a. Complies with Local Bankruptcy Rule 5005-4(c) by obtaining the original, physical signature before filing and by also filing Local Form CSD 1801; or

b. Files the Verified Document electronically without possessing the original signature only on satisfaction of the following conditions:

i. Before filing, the debtor’s attorney:

1. Transmitted the entire Verified Document to the debtor for review

and signature;

2. Communicated with the debtor regarding the substance and purpose of the Verified Document;

3. Received the entire Verified Document including the signature page

from the debtor electronically (by email, text or digital signature software) or by facsimile machine, which the attorney continues to maintain; and

4. Received express authorization from the debtor to file the Verified

Document.

5. The Verified Document must contain the debtor's signature in image format when filed electronically by the debtor's attorney. 6. The filing of a Verified Documents will constitute a representation and certification that the debtor’s attorney has complied with the conditions of this Administrative Order. This certification must also be contained in a paper filed with the court within 30 days of filing the Verified Document. 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: March 25, 2020 s/Margaret M. Mann MARGARET M. MANN Chief Judge, U.S. Bankruptcy Court