In re Rivera __ B.R. __ (Bkrtcy.D.NJ May 25 2006).

Filing pre-signed declarations on behalf of creditor violates R 9011

Having certifications pre-signed for use in future motions for relief from stay violated Rule 9011 in 2 ways:

a) affiant could not truthfully say that they verified their statements after reasonable inquiry; and

b) the documents were filed for an improper purpose (viz. to mislead the court)

The court deemed the practice akin to that identified in In re Wenk, 296 B.R. 719 (Bkrtcy.E.D.Va. 2002); as the Wenk court pointed out, attorneys filing electronic petitions "represent to the court" that they have "secured an originally executed petition physically signed by the debtor." Failure to meet this standard was an unacceptable violation of R 9011.