#WET SIGNATURE MEANING VERIFICATION#

Judge Bardwil reasoned that “reating software-generated electronic signatures as original signatures would, as the contends, ‘increase the possibility of confusion and mischief in the signature process (especially where less scrupulous e-filers are involved)’ whereas distinguishing them helps to protect the integrity of the system.” Judge Bardwil’s primary concern was the ease with which a purely electronic signature could be manipulated or forged and pointed to the situation where a debtor later argues that it never signed a particular document. Judge Bardwil rejected the attorney’s “strenuous mental gymnastics” arguing, largely based on intent, that a DocuSign signature is an original signature and dismissed the efficacy of a subsequent declaration submitted by the debtor stating that he had intended the electronic signature to be treated as his original signature.

As a result, the crux of the issue considered by Judge Bardwil was whether or not the DocuSign generated affixation was an electronic or original signature for purposes of the local bankruptcy rules. The rules in question, Local Bankruptcy Rules 9004-1(c)(1)(C) and (D), generally provide that (i) use of an electronic signature constitutes the filer’s representation that an originally signed copy of the document exists and is in their possession, and (ii) the filer shall maintain that originally signed copy for a period of three years and produce it upon request of the Court, the United States Trustee, the United States Attorney, or any other party. Responding to a motion for sanctions from the Office of the United States Trustee arguing that the attorney’s practice violated the local bankruptcy rules, Judge Bardwil explained that, “lthough DocuSign affixations and other software-generated electronic signatures may have a place in certain commercial and other transactions, they do not have a place as substitutes for wet signatures on a bankruptcy petition, schedules, statements, and other documents filed with the Court, and they do not comply with this Court’s local rules.”

#WET SIGNATURE MEANING VERIFICATION#

Instead, the attorney relied solely upon the popular DocuSign e-signing technology when submitting, among other things, a debtor’s petition, schedules and statements, statement of income, and verification of master address list.

Bardwil of the United States Bankruptcy Court for the Eastern District of California sanctioned a Sacramento attorney and ordered him to complete a local e-filing course because he did not maintain copies of filed documents that included the original “wet” signature. In a recent memorandum decision, Judge Robert S.

Wet signature meaning