Consumer Bankruptcy Law Board Certification by the TBLS

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 consumer bankruptcy law during each year of the three (3) years immediately preceding application as defined in Section X, A,1 of the Specific Area Requirements for Bankruptcy Law.

For the specialty practice area of Consumer Bankruptcy Law, at least twenty percent (20%) of the attorney's total time must have been devoted to the practice of consumer bankruptcy law during each year of the three (3) years immediately preceding application as defined in Section X, A,2,a of the Specific Area Requirements for Bankruptcy Law.

The attorney must provide information as required by TBLS concerning specific tasks he or she has performed in the sub-category of consumer bankruptcy law. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by applicant.

For 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).

Every five (5) years after earning a specialty certification in consumer bankruptcy law, the attorney must become recertified.

For bankruptcy law, the attorney 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).

The attorney 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, the attorney must have devoted the required percentage of practice to the sub-category in which recertification is being sought.

For Consumer Bankruptcy Law, the attorney must show that twenty percent (20%) of the attorney's total time was 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.

The exam specifications for consumer bankruptcy law are intended to demonstrate the attorneys special knowledge. For consumer bankruptcy law, the essays typically include issues of debtors’ eligibility, property of the estate exemptions, and procedures in Bankruptcy Court.

For Consumer Bankruptcy Law, the attorney is expected to understand primarily all aspects of chapters 7, 12, and 13 of the Bankruptcy Code.

The specific exam topics for Consumer Bankruptcy Law include: 

• Rule 3002.1;
• Reaffirmation, redemption and abandonment;
• Chapter 11 cases involving individual debtors;
• Chapter 12 and 13 plans confirmation;
• Application of Chapter 13 plan forms; 
• Administration of chapters 7, 12, and 13, including powers and duties of trustees; and 
• Chapters 7, 12, and 13 of the Bankruptcy Code.