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Board Certified in Bankruptcy Law by TBLS

The term "bankruptcy law" is defined as 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.

Certification by the Texas Board of Legal Specialization for bankrutcy law attorneys is available for the sub-categories of consumer bankruptcy law and business bankruptcy law. An attorney may seek certification in one or both sub-categories of bankruptcy law.

At last count, 115 attorney were certified as a specialist in Business Bankruptcy Law and 117 attorneys were certified as a specialist in Consumer Bankruptcy Law.


What is Consumer Bankruptcy Law?

For purposes of becoming board certified by TBLS, the term "consumer bankrupty law" is defined as:

  • the practice of law dealing with the representation of non-business debtors and/or their creditors in all areas of bankruptcy;
  • includes primarily representation in matters involving the Bankruptcy Code, and homestead and exemption laws; and
  • all aspects of consumer debtor-creditor relations as they affect or are affected by bankruptcy.

Click here to find attorneys who are board certified in business bankruptcy law by TBLS.


What is Business Bankrupty Law?

For purposes of becoming board certified by TBLS, the term "business bankrupty law" is defined as:

  • the practice of law dealing with the representation of business debtors, their creditors, and/or trustees in all areas of bankruptcy;
  • includes primarily representation in matters involving the Bankruptcy Code; and
  • all aspects of business debtor-creditor relations as they affect or are affected by bankruptcy or insolvency; and
  • 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. 

Click here to find attorneys who are board certified in business bankruptcy law by TBLS.


Specific Requirements for Consumer or Business Bankruptcy Law 

According to the Texas Board of Legal Specialization (TBLS) standard for attorney certification, the specific requirements that apply the specialty area for bankruptcy law include the definitions, substantial involvement, reference, and other certification and recertification requirements for the specialty area.

The attorney 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.

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.

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.

Task Requirements - The attorney 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.

Consumer Bankruptcy Law - the attorney must have represented debtors or creditors in contested matters and/or adversary proceedings during his or her practice as described below:

  • 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.
  • 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).

Business Bankruptcy Law - The attorney shall have met, during his or her practice, 12 of the designated 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).

  • 1 appeal from the bankruptcy court;
  • 3 bankruptcy related adversary proceedings or contested matters of a type other than as described above, of a Debtor engaged in business;
  • 3 representations of the trustee of a Debtor engaged in business;
  • 1 complaint for injunctive or declaratory relief;
  • 2 proceedings to determine the validity, priority or extent of a lien or other interest in property of a Debtor engaged in business;
  • Preparation of 3 reorganization plans under chapters 9, 12 or 13 of a Debtor engaged in business;
  • 3 contested requests for allowance and/or payment of an administrative priority of claim;
  • Preparation of 3 disclosure statements and plans of reorganization under chapter 11;
  • 5 confirmation hearings of plans under chapters 9, 11, 12 or 13, of a Debtor engaged in business;
  • 5 voluntary petitions, with schedules and statements, under chapters 9, 11, 12 or 13, of Debtors engaged in business;
  • 5 voluntary petitions with schedules and statements of Debtors engaged in business, under chapter 7;
  • 1 contested modification of a plan under either chapters 9, 11, 12 and 13 of a Debtor engaged in business;
  • 1 revocation of an order of confirmation of a plan under either chapters 9, 11, 12 or 13;
  • 3 examinations under Rule 2004;
  • 2 motions for abandonment;
  • 1 reclamation;
  • 3 contested turnovers of property;
  • 3 contested conversions or dismissals;
  • 2 contested appointments of a trustee or examiner;
  • 4 contested objections to the allowance of claims;
  • 2 involuntary petitions;
  • 2 post-petition extensions of secured or unsecured credit;
  • 3 assumptions or rejections of a lease or other executory contract;
  • 4 sales, use (including cash collateral) or leases of property;
  • 4 modifications of automatic stay;
  • 1 complaint for subordination;
  • 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;
  • 2 objections to discharge or determinations of dischargeability;
  • Representation of official committees in 2 business bankruptcy cases;
  • The preparation and presentation of a paper at a State Bar approved seminar or institute dealing with a business bankruptcy topic;
  • Service as an examiner or trustee; and
  • Other business bankruptcy matter(s) not described above.

This article was last updated on Thursday, December 12, 2019.

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