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.
The attorney 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, the attorney must have devoted the required percentage of practice to the sub-category in which certification is being sought.
For Business Bankruptcy Law, at least twenty percent (20%) of the attorney's total time must have been devoted to the practice of business bankruptcy law during each year of the 3 years immediately preceding application.
For the task requirements, the attorney must met, during his or her practice, at least 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).
The categories for the task requirements include;
(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.
