CANB — General Order 39: (Third Amended) Debtor(s)’ Signatures On Electronic Filings Order Temporarily Suspending Requirement To Obtain

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/ThirdAmendedGO39March%2022%20rev.pdf

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UNITED STATES BANKRUPTCY COURT
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NORTHERN DISTRICT OF CALIFORNIA
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In re:
11 THIRD AMENDED GENERAL ORDER
SIGNATURES ON ELECTRONIC 39
12 FILINGS.

COURT 13 California 14 ORDER TEMPORARILY SUSPENDING REQUIREMENT TO OBTAIN ORIGINAL Of 15 SIGNATURES FOR ELECTRONIC FILINGS

16 WHEREAS, due to the COVID-19 pandemic, the United States Bankruptcy Court for the DistrictBANKRUPTCY 17 Northern District of California (the “Court”) is closed to the public and is accepting documents for
18 filing only via drop box, mail, electronic document upload, and the Court’s Electronic Case Filing NorthernSTATES 19 System (“ECF”). The Court’s Electronic Case Filing Procedures (“ECF Procedures”) govern the use The
For 20 of ECF;UNITED 21 WHEREAS, a significant percentage of the documents and pleadings filed in the Court are

22 filed electronically by attorneys using ECF;

23 WHEREAS, Federal Rule of Bankruptcy Procedure 1008 requires all petitions, lists,

24 schedules, statements and amendments thereto to be verified or to contain an unsworn declaration as

25 provided in 28 U.S.C. § 1746;

26 WHEREAS, section 7 of the ECF Procedures provides in pertinent part that “[t]he electronic

27 filing of a Verified Pleading constitutes a representation by the Registered Participant who files it

28 that at the same time of filing he or she possesses the fully executed original, signed pleading or

document”; and 1

THIRD AMENDED GENERAL ORDER 39

1 WHEREAS, the pandemic may prevent attorneys from timely obtaining original signatures,

2 thereby interfering with their ability to provide or obtain appropriate bankruptcy relief or measures;

3 IT IS HEREBY ORDERED that until further notice,

4 The Court hereby suspends, subject to the conditions stated below, the ECF Procedures’

5 requirement that a Registered Participant (as defined in the ECF Procedures) possess the signatory’s

6 original, physical signature before electronically filing a pleading or document. This suspension is

7 expressly conditioned on the Registered Participant, before filing the document or pleading in

8 question, either:

9 (a) obtaining a digital signature via any commercially available digital signature

10 software that (i) provides signature authentication and (ii) maintains an audit log or

11 trail that can be provided upon request, and thereafter maintaining a copy of the

12 digitally signed document or pleading in his or her case file; or

COURT 13 (b) obtaining express written permission from the signatory to file the document or California 14 pleading in question. Any written permission obtained pursuant to this sub-paragraph Of 15 shall contain a statement under penalty of perjury that the signatory has read the

16 document or pleading to be filed, and that the document or pleading is true and DistrictBANKRUPTCY 17 correct. The Registered Participant shall maintain a copy of any written permission

18 obtained under this sub-paragraph in his or her case file. NorthernSTATES
The 19
The filing of a document or pleading in accordance with this order constitutes a certification
For 20
that the Registered Participant has complied with the foregoing conditions. In addition, theUNITED 21

electronic signature or the written permission obtained pursuant to this order shall have the same 22

force and effect as if the Registered Participant possessed the paper original of such document or 23

pleading. 24
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THIRD AMENDED GENERAL ORDER 39

1 This order does not waive, suspend, limit or alter any other requirement of the ECF

2 Procedures, or any Bankruptcy Local Rule, Bankruptcy Code section, or Federal Rule of Bankruptcy

3 Procedure.

4 Dated: March 29, 2021

5 _________________________________
Charles Novack
6 Chief Bankruptcy Judge

7 * * END OF ORDER * *

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COURT 13 California 14 Of 15

16 DistrictBANKRUPTCY 17

18 NorthernSTATES
The 19
For 20UNITED 21

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THIRD AMENDED GENERAL ORDER 39