Philip Jay Berg

1 Debtor signed this Motion as if pro se although he is represented by counsel David A.
Scholl, Esquire in this proceeding. 	It was filed on April 27, 2007 under Scholl’s electronic
signature. On April 30, 2007 Scholl noticed the Motion and sought a hearing. While Scholl did not
sign the Emergency Motion, he did cause it to be filed electronically using his user name in this
Court’s CM/ECF system. As he was advised on another recent occasion when he allowed another
attorney to use his password and user name, a pleading filed electronically by an attorney is a
certification under Rule 9011. See Local Rule 8 (“The user log-in and password required to submit
documents to the Electronic Filing System serve as the Filing User’s signature on all electronic
documents filed with the court. They also serve as a signature for purposes of Fed.R.Bankr.P. 9011,
the other Federal Rules of Bankruptcy, the local rules of this court, and any other purpose for which
a signature is required in connection with proceedings before the court.”).
2 Indeed the extension requested in the Emergency Motion was expressly and clearly
foreclosed by the Debtor’s agreement as memorialized in my prior Order approving the sale of
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UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 7
:
PHILIP JAY BERG, 	: 	Bankruptcy No. 05-39380DWS
:
Debtor. 	:
ORDER
AND NOW, this 8th day of May 2007, a hearing having been held on the Emergency
Motion of Debtor to Extend Time to Pay for Property Because of Extenuating Circumstances
(the “Emergency Motion”);1
And after denying the Motion for the reasons stated on the record, I questioned
whether Scholl had merely allowed his user ID and password to be employed again without
making a good faith inquiry into the basis of the Emergency Motion as required by
Fed.R.Bankr.P. 9011;2
Case 05-39380-bif Doc 285 Filed 05/08/07 Entered 05/09/07 09:17:49 Desc Main
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In re Philip Jay Berg - Bankruptcy No. 05-39380DWS
(...continued)
certain real property to the Debtor. 	On its face, Scholl’s conduct in filing and prosecuting the
Emergency Motion raised serious issues of good faith.
And Scholl then being given the opportunity to withdraw the Emergency Motion
in the absence of which I advised him a show cause hearing would follow to determine
whether he had violated Rule 9011 and if so, what sanctions should follow;
And Scholl having now withdrawn the Emergency Motion;
It is hereby ORDERED that no further action is presently required in connection with
this matter provided, however, that if Scholl uses or allows his user ID and password to be
used again without engaging in the requisite investigation of the facts and law, there will be
no further opportunity to withdraw the offending pleading but rather an appropriate sanctions
order will be issued.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
cc: 	Judge Bruce Fox
Judge Stephen Raslavich
Judge Eric Frank
Judge Richard Fehling
Judge Jean FitzSimon
Copies to:
George M. Conway, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
Case 05-39380-bif Doc 285 Filed 05/08/07 Entered 05/09/07 09:17:49 Desc Main
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