Business Bankruptcy Board Certification by the ABC

Attorneys seeking Business Bankruptcy Law Certification from the American Board of Certification (ABC) must meet stringent standards to ensure they possess advanced knowledge and practical experience in handling complex business bankruptcy matters. Below are the key requirements:

1. Active Practice Requirement

• Applicants must have been actively practicing law for at least five years.
• During the three years immediately preceding the application, at least 30% of the attorney’s practice must have been devoted to business bankruptcy law.

2. Experience Requirement

• The applicant must have served as lead counsel in at least 30 business bankruptcy cases, which may include Chapter 7 or Chapter 11 filings.
• Additionally, the attorney must have actively participated in at least 45 contested matters or adversary proceedings, such as:
  • Plan confirmation hearings.
  • Relief from stay motions.
  • Evidentiary hearings and depositions.
  • Adversary actions involving fraudulent transfers, preferences, or dischargeability issues.

3. Continuing Legal Education (CLE) Requirement

• The attorney must have completed a minimum of 60 hours of CLE in bankruptcy law during the three years preceding the application.
• CLE courses should cover topics relevant to business bankruptcy, including case law updates, procedural rules, and ethical considerations.

4. Peer Review and References

• Applicants must submit five references from attorneys or judges who are familiar with their business bankruptcy practice.
• At least one reference must be from a bankruptcy judge who has observed the attorney in court.

5. Written Examination

• The attorney must pass a comprehensive written examination administered by the ABC.
• The exam covers key areas of business bankruptcy law, including:
  • The Bankruptcy Code and relevant case law.
  • Procedural rules for Chapters 7 and 11.
  • Ethical responsibilities in bankruptcy practice.

6. Professional Standing

• The attorney must be in good standing with all bar associations where they are licensed to practice.
• The applicant must not have any disciplinary actions or ethical violations that would reflect negatively on their fitness to practice bankruptcy law.

7. Ethical Standards

• Applicants must adhere to the ABC Code of Professional Responsibility and maintain high ethical standards in their practice.

8. Certification Validity and Recertification

• Certification is valid for five years.
• To maintain certification, the attorney must apply for recertification, which involves demonstrating continued compliance with practice requirements and completing additional CLE hours.

By meeting these rigorous requirements, attorneys earning certification in Business Bankruptcy Law demonstrate their expertise, professionalism, and commitment to providing high-quality legal representation in business bankruptcy cases.

To qualify for and maintain board certification in Business Bankruptcy Law by the American Board of Certification (ABC), attorneys must fulfill specific Continuing Legal Education (CLE) requirements to ensure they stay current on legal developments and maintain a high level of expertise in bankruptcy practice.

Initial CLE Requirements for Certification

• Applicants must complete a minimum of 60 hours of CLE in bankruptcy law during the three years immediately preceding their application.
• CLE courses must focus on topics relevant to business bankruptcy law, such as:
  • Chapter 7 and Chapter 11 bankruptcy proceedings.
  • Corporate restructuring and reorganization strategies.
  • Creditor and debtor rights, asset liquidation, and plan confirmation.
  • Procedural rules, ethical responsibilities, and bankruptcy litigation.
• CLE credits must be obtained from accredited providers, including state bar associations and professional organizations specializing in bankruptcy law.

Ongoing CLE Requirements for Recertification

• To maintain certification, attorneys must complete an additional 60 hours of CLE in bankruptcy law during each five-year certification period.
• The CLE courses should cover advanced business bankruptcy topics, ensuring that attorneys remain well-informed on evolving laws, regulations, and case law.

Documentation and Verification

• Attorneys must provide documentation of CLE completion, such as certificates of attendance and course descriptions, when applying for both initial certification and recertification.
• The ABC may audit CLE records to ensure compliance with the educational requirements.

By meeting these CLE obligations, board-certified attorneys demonstrate their ongoing commitment to professional development and their ability to provide high-quality legal representation in complex business bankruptcy cases.