Sanctions imposed for failing to obtain signature pages and for discrepancies between documents filed and submitted signature pages

In re Daw, et al
Case No. 09-00690-TLM
Decision Date: 1/24/2011
Chapter 7 and Chapter 13

In these cases the Court issued an Order to Show Cause and Notice of Show Cause based on the bankruptcy attorney’s (Counsel’s) failure to deliver signature pages to the clerk as required by General Order 187 and ECF Procedures then in effect.* Some petitions lacked signature pages and the Court noted discrepancies between some of the documents filed by Counsel and their corresponding submitted signature pages. The Court found that Counsel lacked general care in his ethical obligations, his duty to obey the Rules, and his responsibilities to both his client and to the Court.
An attorney’s electronic submission of a document to the Court inaccurately purporting to have a party’s signature is no different than the attorney physically forging the party’s signature and handing the document over the counter to the clerk.” In re Wenk, 296 B.R. 719,725 (Bankr. E.D. Va. 2002). The Court further cited In re Tran, 427 B.R. 805, 808 (Bankr. ND Cal. 2010), “When an attorney submits an electronically signed document to the Court, He is certifying to the court that he has the document in his physical possession bearing the original signature of the party. If the certification is false, the attorney is subject to sanctions pursuant to Rule 9011.”
The Court found that Counsel made appropriate changes to his practice regarding obtaining and submitting signatures. Further the Court determined Counsel had no active intent to deceive the Court and issued the sanction that Counsel complete six credit hours of CLE in ethics within one year, four of which are to be through live instruction.

* January 1, 2011 the procedure for handling “wet” signatures changed. Instead of being delivered to the clerk, the “wet” signatures on the original signature page, the original petition, and any amended petition schedules and statement of financial affairs are now “scanned” and the scanned image is immediately electronically filed.

Full decision found HERE

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