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Current as of April 14, 2021 | Updated by FindLaw Staff
A.
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. 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.
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. 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. 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.
a. Bankruptcy Law. 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. 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.
C. Applicant must submit a minimum of 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. Applicant must submit names of persons with whom he or she has had dealings involving bankruptcy law matters within the 3 years immediately preceding application.
2. 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. Applicant must submit the following types of references:
a. Four attorneys who are substantially involved in consumer bankruptcy law or business bankruptcy law. 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 whom applicant has appeared before as an advocate in a consumer bankruptcy law or business bankruptcy law matter.
Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT II § X. Bankruptcy Law - last updated April 14, 2021 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtra-sect-x/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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