How is the requirement of an original signature (attorney and/or debtor) handled for CM/ECF cases?
There are two somewhat distinct issues: attorney signatures and debtor signatures. Attorney signatures: When registering to use the system, attorneys sign an agreement to the effect that use of their login name and password (whether by themselves personally or by delegation to another person in their office) constitutes their signatures on the documents electronically filed. The electronically filed document will indicate a signature, e.g. “/s/ Jane Doe.” Documents filed under an individual attorney’s login and password will be deemed to have been signed by that attorney for purposes of Fed. R. Bank. Pro. 9011. Therefore, logins should not be shared. The “signature” contained on the underlying pleading is merely to indicate to those parties who might only receive a copy of the pleading through conventional means that the pleading was in fact signed, and by whom. Debtor signatures: All documents that require an original signature must be retained by the filer for at least five (5) years
There are two somewhat distinct issues: attorney signatures and debtor signatures. Attorney signatures: When registering to use the system, attorneys sign an agreement to the effect that use of their login name and password (whether by themselves personally or by delegation to another person in their office) constitutes their signatures on the documents electronically filed. The electronically filed document will indicate a signature, e.g. “/s/ Jane Doe.” Documents filed under an individual attorney’s login and password will be deemed to have been signed by that attorney for purposes of Fed. R. Bank. Pro. 9011. Therefore, logins should not be shared. The “signature” contained on the underlying pleading is merely to indicate to those parties who might only receive a copy of the pleading through conventional means that the pleading was in fact signed, and by whom. Debtor signatures: When the original petition is filed electronically, the attorney for the debtor(s) is required to file a h
A. There are two distinct issues: attorney signatures and debtor signatures. When registering to use the system, attorneys sign an agreement to the effect that use of their login name and password (whether by themselves personally or by delegation to another person in their office) constitutes their signature on the documents electronically filed. For documents that must be signed by the debtor (such as petitions, lists, schedules, statements, etc.), originally executed paper copies must be kept by the debtor’s attorney for four years after the closing of the case. The electronically filed documents indicate a signature, e.g.(/s/ Jane Doe). For more information on this topic see the Administrative Order that is located on our website (www.alnb.uscourts.gov).
There are two somewhat distinct issues: attorney signatures and debtor signatures. Attorney signatures: When registering to use the system, attorneys sign an agreement to the effect that use of their login name and password (whether by themselves personally or by delegation to another person in their office) constitutes their signatures on the documents electronically filed. The electronically filed document will indicate a signature, e.g. “/s/ Jane Doe.” Documents filed under an individual attorney’s login and password will be deemed to have been signed by that attorney for purposes of Fed. R. Bank. Pro. 9011. Therefore, logins should not be shared. The “signature” contained on the underlying pleading is merely to indicate to those parties who might only receive a copy of the pleading through conventional means that the pleading was in fact signed, and by whom. Debtor signatures: The electronically filed document will indicate a signature, e.g. “/s/ Jane Doe.” Upon request, the origin
