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How does the court record and preserve the debtor's original signature? Virginia

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  • How does the court record and preserve the debtor's original signature? Virginia

    In some courts, the U.S. Attorney has requested that the debtor's originally signed declaration concerning the petition and schedules be stored in the clerk's office. Other courts have procedures requiring attorneys to keep the original documents. In most cases, signatures on electronically submitted documents will be indicated with "s/"above the party's typed name.

    The procedures for preserving the debtor's original signatures vary among the courts. In some courts, the attorney is required to retain paper copies of critical documents, such as affidavits or petitions, containing the debtor's original signature for a set period of time (e.g., four years). Other courts maintain that the originals of documents requiring signatures must be maintained until the time allowed for appeal has elapsed. In another court, documents requiring original signatures shall be filed electronically with originally executed copies maintained by the filer.

    The Bankruptcy Judges Division (BJD) has drafted a paper outlining the various issues related to signatures. Please contact your BJD representative for a copy.
    (Effective: September 2001)
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