Signatures

U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule: 5005-7

Jurisdiction: EDPAB

Bluebook Citation: Bankr. E.D. Pa. L.R. Adm. R. 5005-7

All Rules: Bankr. E.D. Pa. L.R. Adm. Local Bankruptcy Rules, complete index


Text

(a) Documents Signed by CM/ECF Filing Users. Electronically filed documents that are signed by a CM/ECF Filing User must include a signature block that sets forth the name, address, telephone number, and e-mail address of the CM/ECF Filing User. The electronically filed document shall be either: (1) a scanned copy of the document signed by the CM/ECF Filing User; or (2) a copy of the document with the notation of “s/” next to the typed name of the CM/ECF Filing User. (b) Document Signed by a Debtor or Third Party. -48- (1) Debtor or Third Party Signature.

Electronically filed documents signed by the debtor or a third party shall be either (i) a scanned copy of the document signed by the debtor or third party, (ii) or a copy of the document with the notation of “s/” next to the typed name of the signatory. (2) Documents Signed by Debtor or Third Party Under Oath or Penalty of Perjury. (A) Signature Requirements. All documents, including petitions, lists, schedules, statements and amendments thereto that are required to be verified under Fed. R. Bankr. P. 1008 or contain an unsworn declaration as provided in 28 U.S.C. § 1746, and all writings, affidavits or pleadings in which a debtor or third party who is not a CM/ECF Filing User verifies, certifies, affirms or swears under oath or penalty of perjury the truth of matters set forth in that document must be physically signed by the debtor or third party.

These documents may be filed electronically by either: (i) filing a scanned copy of the physically signed document; or (ii) affixing the notation “s/” next to the typed name of the person whose signature appears on the original document. (B) Retention of the Original or a Duplicate of a Document. (i) If a CM/ECF Filing User electronically files a document subject to subdivision (b)(2)(A) that has the notation “s/” next to the typed name of the person whose signature appears on the original document, the CM/ECF Filing User and the Filing User's law firm or employer must retain the original signed document or a scanned copy of the original signed document until 3 years after the main case is closed. (ii) If the Filing User leaves the law firm or employer, whoever at that time has custody or control over the original signed document or the scanned copy is solely responsible for performing the retention duty under subdivision (b)(2)(B)(i).

(iii) On request of the court, the CM/ECF Filing User or the Filing User's law firm or employer, or both, as appropriate, must produce the original signed document or a scanned copy. (C) Retention Not Required. If a CM/ECF Filing User electronically files a document subject to subdivision (b)(2)(A) that is a scanned copy of an actual signed document, neither the original document nor a scanned copy needs to be retained by the Filing User.

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