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What is Board Certified in Bankruptcy Law & What are the Requirements?

In Delaware, there are +/- 2700 active lawyers and the population of Delaware is +/- 890,000 people. Lawyers practice many different types of law. Some lawyers practice all types of law such as personal injury law, immigration law, business law, criminal law, and so on. As with doctors and other types of professionals, lawyers also tend to specialize in a particular practice. Sometimes they choose to do this because they work at a firm that tends to only do a certain type of law or sometimes they make conscious decision to practice a type of law that they like the most or, because of their education, training and/or expertise, they only want to practice one specific area of practice.

Law is very complicated. The more laws that are made make it even more complicated. Bankruptcy is no different. Some states have established Board Certification programs so that lawyers can actually hold themselves out as a Specialist. Most states do not have a specialization or certification program. However, most of the states that do not have their own specialization program recognize that there are national organizations that do offer these certifications. If the organization is nationally recognized usually by the American Bar Association it would qualify in most states.

Rule 7.4 Communication of Field of Practice and Specialization

(a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.
(b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation “Patent Attorney” or a substantially similar designation;
(c) A lawyer engaged in Admiralty practice may use the designation “Admiralty,” “Proctor in Admiralty” or a substantially similar designation.
(d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and
(2) the name of the certifying organization is clearly identified in the communication.

In the field of Bankruptcy Law, one such nationally recognized entity is the:

American Board of Certification, 101 Second Street SE, Suite 904, Cedar Rapids, Iowa 52401, (319) 365-2222. As of September, 2011, in Delaware there are (a) 18 Consumer Bankruptcy Certified Attorneys; (b) 43 Business Bankruptcy Certified Attorneys and (c) 4 Creditor's rights Certified Attorneys.

The ABC minimum requirements for Bankruptcy Board Certification are:

  1. The Applicant has been engaged in the actual practice of law on a full time basis for the last 5 years;
  2. The Applicant has devoted a minimum of 30% of his/her practice time to bankruptcy-related legal matters during each of the last 3 years; and
  3. The Applicant has devoted at least 400 hours of his/her practice time to bankruptcy-related legal matters during each of the last 3 years.

The attorneys on this site, if they are Board Certified in a given Specialty, will specifically reflect that certification in their listing. If it is not reflected, then you may presume they are not Board Certified. If you are in need of an attorney in, or around, the Newark, New Castle County, Delaware, area for a bankruptcy legal issue, please feel free to contact any one of the attorneys listed on this site. Each attorney will meet and discuss your legal matter for an initial free consultation.

Serving clients throughout Northern Delaware, including Aberdeen, Ardencroft, Baltimore, Bridgeton, Carneys Point, Cherry Hill, Chester, Concordville, Dublin, Edgewood, Elkton, Elsmere, Essex, Frankliville, Glassboro, Hockessin, Mantua, Middle River, Millville, New Garden, Newark, Newport, North Star, Parkville, Pennsville, Philadelphia, Pine Creek, Salem, Smyrna, Springfield, Stanton, Toughkenamon, Vineland, Voorhees, Wilmington, Wilmington Manor, Wilmington Manor Gardens, areas in the vicinity of New Castle County Airport, and other communities in New Castle County.