CANB — General Order 39 Electronic Filings.

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/GeneralOrder39.pdf

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UNITED STATES BANKRUPTCY COURT
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NORTHERN DISTRICT OF CALIFORNIA
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In re:
11 GENERAL ORDER 39
DEBTOR(S)’ SIGNATURES ON

COURT 1213 ELECTRONIC FILINGS. California 14 ORDER TEMPORARILY SUSPENDING REQUIREMENT TO OBTAIN ORIGINAL Of 15 SIGNATURES FROM DEBTORS FOR ELECTRONIC FILINGS

16 WHEREAS, for reasons stated in General Order 38, the entire Bay Area is subject to Shelter DistrictBANKRUPTCY 17 in Place orders arising from the Coronavirus Disease outbreak;

18 WHEREAS, a significant percentage of the documents and pleadings filed in the United NorthernSTATES 19 States Bankruptcy Court for the Northern District of California are filed electronically under the The
20 court’s Electronic Case Filing Procedures (“ECF Procedures”); ForUNITED 21 WHEREAS, section 7 of the ECF Procedures provides in pertinent part that “The electronic

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

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

24 document;” and

25 WHEREAS, the Shelter In Place orders may prevent attorneys from timely obtaining

26 original signatures, thereby interfering with their ability to provide appropriate bankruptcy relief or

27 measures;

28 IT IS HEREBY ORDERED that effective upon the date of this Order and until further

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GENERAL ORDER 39

1 notice, the Court hereby suspends, subject to the conditions stated below, the ECF Procedures’

2 requirement that a Registered Participant possess the signatory’s original, physical signature before

3 electronically filing a pleading or document. This suspension is expressly conditioned on the

4 following: that before filing the document or pleading in question, the Registered Participant has

5 either (a) obtained a digital signature via any commercially available digital signature software that

6 provides signature authentication and maintains a copy of the digitally signed document or pleading

7 in his or her case file; or (b) obtains express written permission from the signatory to file the

8 document or pleading in question. The filing of a document or pleading under this General Order

9 constitutes a certification that the Registered Participant either has obtained the signatory’s original,

10 physical signature or has complied with the foregoing conditions. The electronic signature or the

11 written permission shall have the same force and effect as if the Registered Participant possesses the

12 paper original of such document or pleading. This General Order does not waive, suspend, limit or

COURT 13 alter any other ECF Procedures requirement, and any Bankruptcy Local Rule, Bankruptcy Code California 14 section, or Federal Rule of Bankruptcy Procedure. Of 15 Dated: March 18, 2020

16 _________________________________ District Charles NovackBANKRUPTCY 17 Chief Bankruptcy Judge

18 * * END OF ORDER * * NorthernSTATES 19 The

For 20UNITED 21

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GENERAL ORDER 39