Filing Papers and Sending Copies to the United States Trustee

U.S. Bankruptcy Court for the Southern District of Florida

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of Florida

Rule: 5005-2

Jurisdiction: SDFLB

Bluebook Citation: Bankr. S.D. Fla. R. 5005-2

– Signature of a Person Other than a Registered User (a) In General. A document that must be signed by a person other than the registered user filing the document may be signed and electronically filed only under the provisions of this rule, using either an electronic signature under (b) or a digital signature under (c). (b) Electronic Signature. (1) Manner of Signing.

A document that must be signed by a person other than the registered user filing the document may be signed with the electronic signature of the person required to sign the document only with that person’s authorization under (b)(2), by: (A) indicating on the signature line “/s/” and the person’s name; or (B) filing a document with a scanned image of a wet ink signature. (2) Authorization. Authorization for a registered user to file a document with a person’s electronic signature consists of: (A) if the person identified on the signature line is also a registered user, the express permission of the person identified on the signature line; and (B) if the person identified on the signature line is not a registered user, (i) (ii) the person identified on the signature line actually signed an identical copy of the document with a wet ink signature; and the registered user has received before filing the document the wet ink signature, a copy of the wet ink signature, or a scanned image of the wet ink signature. 28 (c) Digital Signature.

A document that must be signed by a person other than the registered user filing the document may be signed with the digital signature of the person required to sign the document using any commercial software that provides digital signature authentication. (d) Penalty of Perjury. The electronic filing of a document containing an electronic signature of a person other than the registered user constitutes a representation under penalty of perjury by the registered user that the person identified on the signature line authorized the registered user to file the document with the person’s electronic signature. (e) Retention Requirements.

(1) Electronic Signature. A registered user filing a document with an electronic signature under (b) must obtain the wet ink signature no later than 14 days after filing the document, and must retain the wet ink signature for at least 5 years after the later of: (A) the date the debtor receives a discharge; (B) the date the case is dismissed; or (C) the date after which all appeals have been adjudicated. (2) Exception for Proof of Claim. Paragraph (1) does not apply to an electronically filed proof of claim.

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