Below is an open letter responding to the United States Trustee’s suggestion that the court consider entering an order allowing debtors’ counsel to electronically file debtor-signed documents, such as petitions and schedules, based on proof of signature other than having possession of the original document, e.g., receipt of a photo or scan of the debtor’s signature. The letter concludes that court’s rules do not prohibit counsel from following that course. In this regard, the rules require that counsel represent that the debtor signed the document before filing it and require the debtor to bring originals to the meeting of creditors. No rule requires that counsel have the original signed document in hand before filing the document, although filing constitutes a representation by the filing counsel that the debtor in fact signed the document before it was filed.
Friday, March 27, 2020