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Tech Bankruptcy
April 03, 2014
  Electronic Voting Comes to the Bankruptcy Court
Released on PRNewswire a few days ago was a press release about the first bankruptcy court order approving electronic balloting procedures in a Chapter 11 case. Using a system developed by claims agent Upshot Services LLC, the Chapter 11 trustee for Pitt Penn Holding Company, Inc. obtained a court order allowing creditors to complete and submit their ballots using a website interface. Creditors can also use a paper ballot. The voting website is accessible here: http://www.upshotservices.com/pittpennvoting. The order is available here: http://bit.ly/1sbWuAE.See paragraph 20 for the language allowing the claims agent to accept votes by electronic, online transmission.

The advantage of using a system like this are obvious, and given the fact that technologies for obtaining electronic signatures are well established, this is a welcome step in reducing the amount of paper chapter 11 cases can generate.
 
Comments:
For this system, they send you a personal code, because they have determined your eligibility to vote (your status as a creditor) in some non-electronic way. That sounds fine to me. I get a lot of electronic proxies for company meetings that work the same way.

But I wonder about your statement that 'technologies for obtaining electronic signatures are obvious'. Would that extend to signatures from strangers to the case? Technologies for distributing e-signature codes are readily available. I'm not sure it's the same thing.
 
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Warren E. Agin is a partner in Swiggart & Agin, LLC, a boutique law firm in Boston, Massachusetts focusing on the needs of technology companies. Mr. Agin heads its bankruptcy department. The author of the book Bankruptcy and Secured Lending in Cyberspace (3rd Ed. West 2005), Mr. Agin also chaired the ABA's E-commerce and Insolvency Subcommittee from 1999 to 2005, co-chaired the Boston Bar Association's Internet and Computer Law Committee (2003-2005), and served on the American Bar Association's Standing Committee on Technology and Information Services (2008-2011). Mr. Agin currently co-chairs the Editorial Board of Business Law Today. A contributing editor to Norton Bankruptcy Law and Practice, 3d, and co-author of its chapter on intellectual property for the past fifteen years, he is author of numerous legal articles and addresses on topics of technology, internet and bankruptcy law.

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