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

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/SecondAmendedGO39.pdf

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UNITED STATES BANKRUPTCY COURT
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NORTHERN DISTRICT OF CALIFORNIA
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In re:
10 SECOND AMENDED
SIGNATURES ON ELECTRONIC FILINGS. GENERAL ORDER 39
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ORDER TEMPORARILY SUSPENDING REQUIREMENT TO OBTAIN ORIGINALCOURT 13
SIGNATURES FOR ELECTRONIC FILINGS California 14

Of WHEREAS, due to the COVID-19 pandemic, the United States Bankruptcy Court for the 15 Northern District of California (the “Court”) is closed to the public and is accepting documents for 16 District filing only via drop box, mail, email, and the Court’s Electronic Case Filing System (“ECF”). TheBANKRUPTCY 17 Court’s Electronic Case Filing Procedures (“ECF Procedures”) govern the use of ECF; 18 Northern WHEREAS, a significant percentage of the documents and pleadings filed in the Court areSTATES 19 The filed electronically by attorneys using ECF; For 20 WHEREAS, Federal Rule of Bankruptcy Procedure 1008 requires all petitions, lists,UNITED 21 schedules, statements and amendments thereto to be verified or to contain an unsworn declaration as 22 provided in 28 U.S.C. § 1746; 23 WHEREAS, section 7 of the ECF Procedures provides in pertinent part that “[t]he electronic 24 filing of a Verified Pleading constitutes a representation by the Registered Participant who files it that 25 at the same time of filing he or she possesses the fully executed original, signed pleading or 26 document”; and 27 WHEREAS, the pandemic may prevent attorneys from timely obtaining original signatures, 28

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6(&21' AMENDED GENERAL ORDER 39

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

2 IT IS HEREBY ORDERED that effective July 27, 2020 and until further notice,

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

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

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

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

7 question, either (a) obtaining a digital signature via any commercially available digital signature

8 software that provides signature authentication and thereafter maintaining a copy of the digitally

9 signed document or pleading in his or her case file; or (b) obtaining express written permission from

10 the signatory to file the document or pleading in question. Any written permission obtained pursuant to

11 (b) shall contain a statement under penalty of perjury that the signatory has read the document or

12 pleading to be filed, and that the document or pleading is true and correct. The Registered Participant

COURT 13 shall maintain a copy of any written permission obtained pursuant to (b) in his or her case file. California 14 The filing of a document or pleading in accordance with this order constitutes a certification Of 15 that the Registered Participant has complied with the foregoing conditions. In addition, the electronic

16 signature or the written permission obtained pursuant to this order shall have the same force and effect DistrictBANKRUPTCY 17 as if the Registered Participant possessed the paper original of such document or pleading.

18 Immediately after filing the pleading or document, the Registered Participant shall obtain from NorthernSTATES 19 the signatory the pleading or document bearing his/her original physical signature, and shall maintain The

For 20 that pleading or document and its original physical signature in his or her case file.UNITED 21 This order does not waive, suspend, limit or alter any other requirement of the ECF Procedures,

22 or any Bankruptcy Local Rule, Bankruptcy Code section, or Federal Rule of Bankruptcy Procedure.

23 Dated: July 23, 2020

24 _________________________________
Charles Novack
25 Chief Bankruptcy Judge

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27 * * END OF ORDER * *

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6(&21' AMENDED GENERAL ORDER 39