🖊️ Why Does My Attorney Need My Wet Signature Before Filing Bankruptcy?

Filing for bankruptcy is not as simple as clicking “submit.” Your attorney is legally required to collect and review certain signed documents before filing your petition. Here’s why:

---

1. Federal Bankruptcy Rules Require It

Your attorney is bound by Federal Rule of Bankruptcy Procedure 9011.
This rule requires that every document filed with the court — including your bankruptcy petition, schedules, and statements — must be signed by you personally (often in wet ink) before your attorney files it electronically.

Your signature is your sworn statement that:

• The information is true and correct to the best of your knowledge.

• You have disclosed all of your income, assets, debts, and expenses.

• You understand you are filing for bankruptcy relief and the legal consequences of doing so.

---

2. Preventing Fraud and Mistakes

Your attorney cannot file your case based on verbal information alone.
Collecting your wet signatures ensures that:

• You had the opportunity to review every page of your petition.

• Errors or omissions are caught before filing.

• There is clear proof that you authorized the filing.

---

3. Compliance With U.S. Trustee Requirements

The U.S. Trustee Program monitors bankruptcy cases nationwide. If your case is audited, your attorney must produce your signed copies to show that all procedures were followed. Failure to have proper signatures could result in dismissal of your case — or even penalties.

---

4. Why Your Case Cannot Be Filed Without These Documents

Bankruptcy petitions are serious legal filings. If your attorney filed without your signed approval:

• The court could strike or dismiss your case.

• You could lose protections like the automatic stay (which stops creditor actions).

• Your attorney could face professional discipline.

That’s why your attorney must wait until they have:
✅ All required documentation (pay stubs, tax returns, bank statements)
✅ Your reviewed and signed petition, schedules, and statements

Only then can your case be safely filed with the court.

---

5. Your Role in the Process

To avoid delays:

• Gather all requested documents as soon as possible.

• Review your petition carefully before signing.

• Ask questions if anything looks wrong or you don’t understand.

---

📝 Bankruptcy Wet-Signature FAQ

❓ Why Are Wet Signatures Required?

Because the Federal Rules of Bankruptcy Procedure (Rule 9011) and the U.S. Trustee Program require proof that you personally reviewed and signed your petition before filing. Your wet signature is a legal declaration under penalty of perjury.

---

❓ What Happens If I Don’t Sign in Time?

Your attorney cannot file your case until they receive your signed documents.
This means:

• The automatic stay (which stops creditor calls, lawsuits, and repossessions) will not go into effect.

• You could miss a foreclosure sale date, wage garnishment deadline, or repossession action.

---

❓ Can I Use an Electronic Signature?

Sometimes — but not always. Many bankruptcy courts allow electronic signatures under strict local rules. However:

• Your attorney must keep a copy of your signed documents (wet) in their files.

• In many districts, wet ink signatures are still mandatory and must be available for audit.

---

❓ Why So Many Documents?

Because bankruptcy is a full financial disclosure process. Your attorney must submit:

• Your petition and schedules (listing all debts, income, assets, expenses)

• Statements about recent transfers, lawsuits, and prior bankruptcies

• Proof of income, tax returns, and credit counseling certificates

Each must be signed to confirm its accuracy and completeness.

---

❓ What If I Find an Error After Signing?

Tell your attorney right away. They can file an amended petition or schedules — but you will need to review and sign those too. Filing with incorrect information can delay your case or even lead to dismissal.