What is Board Certified in Bankruptcy Law & What are the Requirements?
In Texas, there are over 90,000 lawyers. 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. For example, Texas has an entity called the Texas Board of Legal Specialization.
In Texas, there are approximately 145 Consumer Bankruptcy board certified lawyers. In Taylor County, Texas, there are approximately 2 Consumer Bankruptcy Board Certified attorneys. Just because an attorney is Board Certified does not mean they are the only attorney that can service your bankruptcy needs. It simply means they have applied for and met the requirements. It is a reasonable assumption they are certainly qualified to handle your needs.
The requirements to become Board Certified by the TBLS in Consumer Bankruptcy Law are summarized below.
TEXAS BOARD OF LEGAL SPECIALIZATION STANDARDS FOR ATTORNEY CERTIFICATION
These are specific requirements that apply to Consumer Bankruptcy Law and Business Bankruptcy Law. The specific requirements include the definitions, substantial involvement, reference, and other certification and recertification requirements for Consumer Bankruptcy Law.
One should also refer to the Standards for Attorney Certification, Part I - General Requirements for requirements that apply to all specialty areas.
SECTION X BANKRUPTCY LAW
The TBLS established the certification in Consumer Bankruptcy Law in and around 1984. The Business Bankruptcy Law Certification was established approximately four years later in 1988.
A. DEFINITIONS.
1. Bankruptcy Law. The practice of law dealing with the representation of parties in matters primarily involving the Bankruptcy Code, but also involving other aspects of debtor creditor relations as they affect or are affected by bankruptcy or insolvency.
2. Certification is available for the sub-categories of bankruptcy law defined below:
a. Consumer Bankruptcy Law. The practice of law dealing with the representation of non-business debtors and/or their creditors in all areas of bankruptcy. It includes primarily representation in matters involving the Bankruptcy Code, and homestead and exemption laws, and also, without limitation, all aspects of consumer debtor-creditor relations as they affect or are affected by bankruptcy.
b. Business Bankruptcy Law. The practice of law dealing with the representation of business debtors, their creditors, and/or trustees in all areas of bankruptcy. It includes primarily representation in matters involving the Bankruptcy Code, and also, without limitation, all aspects of business debtor-creditor relations as they affect or are affected by bankruptcy or insolvency. The term "business bankruptcy law" includes the representation of debtors, creditors, trustees, or other parties in business cases under chapters 7, 9, 11, 12 and 13 of the Bankruptcy Code.
B. SUBSTANTIAL INVOLVEMENT. Applicant must show substantial involvement and special competence in consumer bankruptcy law or business bankruptcy law by providing such information as may be required by TBLS.
1. Certification.
a. Percentage of Practice Requirement.
(1) Bankruptcy Law. Applicant must have devoted a minimum of 30% of his or her total time practicing bankruptcy law during each year of the 3 years immediately preceding application as defined in Section X, A,1 of the Specific Area Requirements for Bankruptcy Law.
(2) Applicant may seek certification in one or both sub-categories of bankruptcy law. In addition to devoting the minimum percentage of total time to bankruptcy law as indicated in Section X, B,1,a(1) above, applicant must have devoted the required percentage of practice to the sub-category in which certification is being sought.
(a) Consumer Bankruptcy Law. Twenty percent (20%) of applicant's total time must have been devoted to the practice of consumer bankruptcy law during each year of the 3 years immediately preceding application as defined in Section X, A,2,a of the Specific Area Requirements for Bankruptcy Law.
(b) Business Bankruptcy Law. Twenty percent (20%) of applicant's total time must have been devoted to the practice of business bankruptcy law during each year of the 3 years immediately preceding application as defined in Section X, A,2,b of the Specific Area Requirements for Bankruptcy Law.
b. Task Requirements. The Applicant must provide information as required by TBLS concerning specific tasks he or she has performed in the sub-category of bankruptcy law in which certification is being sought. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by applicant.
(1) Consumer Bankruptcy Law. Applicant must have represented debtors or creditors in contested matters and/or adversary proceedings during his or her practice as described below:
(a) Fifteen (15) contested matters and/or adversary proceedings which involved a hearing in state or federal court in connection with bankruptcy or debtor or creditor rights disputes.
(b) Eight (8) of the 15 contested matters and/or adversary proceedings must have involved the presentation of evidence in bankruptcy court (other than in support of a default judgment or a settlement agreement).
(2) Business Bankruptcy Law. The Applicant shall have met, during his or her practice, 12 of the following categories listed below. Regardless of the categories selected, applicant must have participated in at least 8 contested matters and/or adversary proceedings which shall have involved the presentation of evidence in bankruptcy court (other than in support of a default judgment or a settlement agreement).
(a) 2 objections to discharge or determinations of dischargeability;
(b) 2 avoidance actions under the Bankruptcy Code to include any combination of the following:
- fraudulent conveyances;
- preferential transfers;
- avoidances of an unperfected or unrecorded transfer by a hypothetical bona fide purchaser or lien creditor;
- recoveries of a setoff; and
- post-petition transfers
(c) 1 complaint for subordination;
(d) 4 modifications of automatic stay;
(e) 4 sales, use (including cash collateral) or leases of property;
(f) 3 assumptions or rejections of a lease or other executory contract;
(g) 2 post-petition extensions of secured or unsecured credit;
(h) 2 involuntary petitions;
(i) 4 contested objections to the allowance of claims;
(j) 2 contested appointments of a trustee or examiner;
(k) 3 contested conversions or dismissals;
(l) 3 contested turnovers of property;
(m) 1 reclamation;
(n) 2 motions for abandonment;
(o) 3 examinations under Rule 2004;
(p) 1 revocation of an order of confirmation of a plan under either chapters 9, 11, 12 or 13;
(q) 1 contested modification of a plan under either chapters 9, 11, 12 and 13 of a Debtor engaged in business;
(r) 5 voluntary petitions with schedules and statements of Debtors engaged in business, under chapter 7;
(s) 5 voluntary petitions, with schedules and statements, under chapters 9, 11, 12 or 13, of Debtors engaged in business;
(t) 5 confirmation hearings of plans under chapters 9, 11, 12 or 13, of a Debtor engaged in business;
(u) Preparation of 3 disclosure statements and plans of reorganization under chapter 11;
(v) 3 contested requests for allowance and/or payment of an administrative priority of claim;
(w) Preparation of 3 reorganization plans under chapters 9, 12 or 13 of a Debtor engaged in business;
(x) 2 proceedings to determine the validity, priority or extent of a lien or other interest in property of a Debtor engaged in business;
(y) 1 complaint for injunctive or declaratory relief;
(z) 3 representations of the trustee of a Debtor engaged in business;
(aa) 3 bankruptcy related adversary proceedings or contested matters of a type other than as described above, of a Debtor engaged in business;
(bb) 1 appeal from the bankruptcy court;
(cc) Representation of official committees in 2 business bankruptcy cases;
(dd) The preparation and presentation of a paper at a State Bar approved seminar or institute dealing with a business bankruptcy topic;
(ee) Service as an examiner or trustee; and
(ff) Other business bankruptcy matter(s) not described above.
2. Recertification.
a. Bankruptcy Law. The Applicant must have devoted a minimum of 30% of his or her total time practicing bankruptcy law during each year of the 5 year period of certification as defined in Section X, A,1 of the Specific Area Requirements for Bankruptcy Law except as provided for in Part I-General Requirements, Section VI, C,1(b).
b. The Applicant may seek recertification in one or both sub-categories of bankruptcy law. In addition to devoting the minimum percentage of total time to bankruptcy law as indicated in Section X, B,2,a(1) above, applicant must have devoted the required percentage of practice to the sub-category in which recertification is being sought.
(1) Consumer Bankruptcy Law. Twenty percent (20%) of applicant's total time must have been devoted to the practice of consumer bankruptcy law during each year of the 5 year period of certification as defined in Section X, A,2,a of the Specific Area Requirements for Bankruptcy Law.
(2) Business Bankruptcy Law. Twenty percent (20%) of applicant's total time must have been devoted to the practice of business bankruptcy law during each year of the 5 year period of certification as defined in Section X, A,2,b of the Specific Area Requirements for Bankruptcy Law.
REFERENCE REQUIREMENTS. The Applicant must submit a minimum of five (5) names and addresses of persons to be contacted as references to attest to his or her competence in consumer bankruptcy law or business bankruptcy law. These persons must be substantially involved in bankruptcy law, and be familiar with applicant's consumer bankruptcy law or business bankruptcy law practice.
1. Certification. Applicant must submit names of persons with whom he or she has had dealings involving bankruptcy law matters within the three (3) years immediately preceding application.
2. Recertification. Applicant must submit names of persons with whom he or she has had dealings involving bankruptcy law matters since certification or the most recent recertification.
3. Reference Types. The Applicant must submit the following types of references:
a. Four (4) attorneys who are substantially involved in consumer bankruptcy law or business bankruptcy law. The Applicant must have been an adversary against one of these attorneys in a consumer bankruptcy law or business bankruptcy law matter.
b. One judge of any bankruptcy court before whom applicant has appeared as an advocate in a consumer bankruptcy law or business bankruptcy law matter.
Though Texas does offer a specialization program, most states do not offer a Board Certification or Specialization program in any field of practice. However, even the states that do not have a formal certification or specialization process, except for a select few, in the field of Bankruptcy recognize that there are entities that do offer certification in Bankruptcy and permit a lawyer to advertise that they hold a certification or specialization in bankruptcy.
One such recognized company is the American Board of Certification, 101 Second Street SE, Suite 904, Cedar Rapids, Iowa 52401, (319) 365-2222. As of September, 2011, in Texas there are (a) 18 Consumer Bankruptcy Certified Attorneys; (b) 43 Business Bankruptcy Certified Attorneys and (c) 4 Creditor's rights Certified Attorneys.
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 Abilene, Taylor County, Texas, 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 Central Texas, including Abilene, Albany, Anson, Avoca, Baird, Belle Plain, Big Spring, Breckenridge, Buffalo Gap, Clyde, Colorado City, Dyess AFB, Eastland, Eula, Goldsboro, Hamlin, Haskell, Hawley, Hawley - Noodle, Impact, Lawn, Lueders, Maryneal, McCaulley, Merkel, Moran, Nolan, Novice, Nugent, Ovalo, Potosi, Roby, Rotan, Roscoe, Snyder, Stamford, Sweetwater, Trent, Tuscola, Tye, Winters, Wylie and other communities in Taylor County and Jones County.