Your signature declaration is the most important form Cleveland bankruptcy attorney, William Balena will file with the court for you. You probably wonder, “How can a paper that is not part of the petition package be so important?”
Cleveland bankruptcy attorney, William Balena will file your bankruptcy case electronically over the internet. When I do this, on each and every line of the petition where a signature is needed there appears something like this: “/s/Your Name.” This is called an electronic facsimile. If filing individually there is one for you. If filing with your husband or wife there is one for each of you.
When you sign a bankruptcy petition, you are stating under penalty of perjury that everything is true and accurate to the best of you knowledge and belief. So you sign a full bankruptcy petition, which the court never really sees. At the meeting of creditors I will produce it for you to identify yours, but that’s about it. The original signed petition remains in my office file.
The only original signature the court will see from you is on the declaration. You will sign it at the same time you sign the petition. The signature declaration does three things:
- You sign the document under oath just like the one on page three of the bankruptcy petition. Same language.
- You consent to the signature on the form acting as a substitute for the one(s) in the petition
- You affirm that all persons signing not only have a social security number or tax id number, but you promise the one given is correct.
Within 5 days of filing your case electronically Cleveland bankruptcy attorney William Balena must file you signature declaration with the court. If for some reason the bankruptcy court does not receive it within the 5 days then a hearing is scheduled to find out why. It is that important. I will tell you right now. I think there is a plot out there. Either the postal service or the clerk of court has it in for you. The signature declaration I send in just disappears. This is so common that I will have you sign a second. If the court notifies me that they did not get it, I have one already signed to send in again.
Why doesn’t Cleveland bankruptcy attorney, William Balena just send in the petition? During debate of the 2005 BAPCPA reform law the bankruptcy clerks complained, “where would we store all the new paperwork?” Congress had an answer. They decided to let your Cleveland bankruptcy attorney do it for 3 years. The clerk only needs to keep one paper, the signature declaration. Have the bankruptcy attorney pay for the storage, and let the client pay him more as a result. Isn’t it nice to have someone in Washington D.C. looking out for everyone but you and I?
Your comments are welcome.