Bankruptcy & Debtor/Creditor Law Board Certification by the South Carolina Supreme Court

The South Carolina Supreme Court Commission on Continuing Legal Education and Specialization has established comprehensive standards for attorneys seeking board certification in Bankruptcy and Debtor/Creditor Law. These standards ensure that certified specialists demonstrate significant expertise, experience, and professionalism in this complex field. Below is an overview of the key requirements:

1. Active Bar Membership

• Eligibility: Applicants must be active members in good standing with the South Carolina Bar at the time of application.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice immediately preceding their application. During this time, at least 35% of their practice must focus on Bankruptcy and Debtor/Creditor Law.
• Specialization Focus: Specifically, during 48 of the 60 months immediately preceding the application, the applicant must have practiced primarily in Bankruptcy and Debtor/Creditor Law. This includes handling cases under the U.S. Bankruptcy Code, creditor rights, debt restructuring, and related state and federal litigation.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete a minimum of 18 hours of CLE in Bankruptcy and Debtor/Creditor Law within the year of application. These CLE credits must be approved by the South Carolina Commission on CLE and Specialization.

4. Professional References

• Reference Submission: Applicants must provide at least five reference statements from practicing attorneys who can attest to their competence in Bankruptcy and Debtor/Creditor Law. At least one of these references must be from a Board-Certified Bankruptcy and Debtor/Creditor Law Specialist, if available.

5. Professional Liability Insurance

• Insurance Coverage: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000. Proof of insurance must be submitted with the application.

6. Written Examination

• Examination: Applicants must pass a written examination that assesses their knowledge and proficiency in Bankruptcy and Debtor/Creditor Law. This examination ensures that only those with a deep understanding of the field receive certification.

7. Certification Duration and Recertification

• Five-Year Certification: Certification as a Bankruptcy and Debtor/Creditor Law Specialist is valid for five years. During this time, certified specialists must meet ongoing maintenance requirements, including annual CLE and professional liability insurance.
• Recertification Process: Specialists must apply for recertification every five years by demonstrating continued compliance with certification standards. This includes verifying continued practice focus in Bankruptcy and Debtor/Creditor Law, ongoing CLE, and insurance coverage.

These standards ensure that attorneys certified in Bankruptcy and Debtor/Creditor Law by the South Carolina Supreme Court Commission on CLE and Specialization are highly skilled, ethical, and dedicated professionals capable of handling complex debtor and creditor matters with the utmost competence.

The application process for Board Certification in Bankruptcy and Debtor/Creditor Law by the South Carolina Supreme Court Commission on Continuing Legal Education and Specialization involves several detailed steps:

1. Eligibility and Bar Membership

• Active Membership: Ensure that you are an active member in good standing with the South Carolina Bar.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice. At least 35% of their practice during 48 of the 60 months preceding the application must focus on Bankruptcy and Debtor/Creditor Law. This includes handling legal matters related to the U.S. Bankruptcy Code, creditor rights, debt restructuring, and related state and federal litigation.

3. Continuing Legal Education (CLE)

• CLE Requirements: Complete a minimum of 18 hours of specialized CLE in Bankruptcy and Debtor/Creditor Law within the application year. All CLE credits must be approved by the South Carolina Commission on CLE and Specialization. CLE credits earned in prior years cannot be used to fulfill this requirement.

4. Professional References

• Reference Submission: Submit at least five reference statements from practicing attorneys who can attest to your competence in Bankruptcy and Debtor/Creditor Law. At least one reference should come from a Board-Certified Bankruptcy and Debtor/Creditor Law Specialist, if available. These references serve to validate the applicant’s expertise and professionalism.

5. Professional Liability Insurance

• Insurance Requirement: Maintain professional liability insurance with a minimum coverage of $1,000,000. The insurance policy must be from a provider acceptable to the Commission, and proof of coverage must be submitted with the application.

6. Written Examination

• Examination: Pass a comprehensive written examination designed to assess your knowledge and expertise in Bankruptcy and Debtor/Creditor Law. The exam ensures that applicants demonstrate a thorough understanding of the complexities involved in this area of legal practice.

7. Confidential Inquiry and Final Submission

• Confidential Inquiry: Consent to a confidential inquiry conducted by the Commission, which may involve contacting the references you provided and other relevant individuals to assess your competence, ethics, and professionalism.
• Final Submission: After completing all requirements, including CLE, reference submissions, and passing the examination, submit the completed application to the South Carolina Supreme Court Commission on CLE and Specialization for review.

This rigorous application process ensures that only highly qualified and experienced attorneys achieve Board Certification in Bankruptcy and Debtor/Creditor Law. Certification signifies expertise, professionalism, and dedication to this specialized field of legal practice.

Maintaining certification as a Bankruptcy and Debtor/Creditor Law specialist through the South Carolina Supreme Court Commission on Continuing Legal Education and Specialization requires ongoing commitment to professional excellence and compliance with established standards. Certified specialists must complete specific annual requirements, undergo recertification every five years, and may face decertification if obligations are not met.

Annual Duties

1. Continuing Legal Education (CLE):

   • Certified specialists must complete at least 18 hours of approved CLE in Bankruptcy and Debtor/Creditor Law each year.
   • Up to eight excess hours can be carried forward to the next year to satisfy future requirements.

2. Professional Liability Insurance:

   • Specialists must maintain professional liability insurance with a minimum coverage of $1,000,000 and provide proof of coverage annually.

3. Active Practice Certification:

   • Specialists must annually certify that they are engaged in full-time legal practice, with at least 35% of their work dedicated to Bankruptcy and Debtor/Creditor Law.

Recertification

1. Five-Year Recertification Cycle:

   • Certified specialists must apply for recertification every five years. This process ensures continued compliance with all certification standards.

2. Application Submission:

   • The recertification application must demonstrate that the specialist has:
     • Maintained at least 35% of their full-time practice in Bankruptcy and Debtor/Creditor Law over the past five years.
     • Completed the required CLE hours and maintained professional liability insurance during the certification period.

Decertification

1. Grounds for Decertification:

   • Certification may be revoked for failure to comply with annual duties, including:
     • Not meeting CLE requirements.
     • Failing to maintain professional liability insurance.
     • Not adhering to the required practice focus in Bankruptcy and Debtor/Creditor Law.

2. Review Process:

   • If a specialist fails to meet the requirements, the Commission may initiate a review process.
   • The specialist will be notified of potential decertification and may have the opportunity to appeal the decision.

These measures ensure that certified specialists in Bankruptcy and Debtor/Creditor Law uphold the highest standards of expertise, professionalism, and ethical practice, reinforcing their dedication to this specialized legal field.