Bankruptcy Law Board Certification by the State Bar of Arizona

The Arizona Board of Legal Specialization (BLS) prescribes these standards under the authority of the State Bar of Arizona's Board of Governors. Certification as a specialist in bankruptcy law does not limit a lawyer's right to practice in other fields of law. Certification is not mandatory for practicing bankruptcy law.

Commitment to Diversity: The BLS promotes racial, ethnic, and gender diversity and ensures the rights of the disabled in all programs and activities.

I. General Requirements

A. Active Membership: Applicants must be active members in good standing with the State Bar of Arizona.

B. Application Process: Applicants must complete a prescribed form, provide additional information as required, and comply with BLS rules and regulations.

C. Advisory Commission Recommendation: An applicant must be recommended for certification by at least five of the ten members of the Bankruptcy Law Advisory Commission.

D. Certification Expiration: Certification expires five years after issuance, with a renewal application required to maintain certification.

E. Revocation/Suspension: Certification can be revoked or suspended for reasons specified by the BLS, including lack of substantial involvement in bankruptcy law.

F. Fees: Applicants must pay applicable application and testing fees.

II. Standards for Certification

A. Practice Period: Applicants must have been admitted to practice law for at least five years, with at least two years of practice in Arizona immediately preceding the application. They must also have engaged in legal services equivalent to at least 50% of a full-time practice.

B. Substantial Involvement: Applicants must show substantial involvement in bankruptcy law for at least four of the preceding six years. This involves handling specific types of cases or issues in bankruptcy law, such as:

• Objections to discharge
• Determinations of dischargeability
• Fraudulent conveyances
• Preferential transfers
• Sales of property free and clear of liens
• Cash collateral disputes
• Assumptions or rejections of leases or executory contracts
• Representing parties in various types of bankruptcy petitions and confirmations

Applicants must demonstrate this involvement through detailed information on their legal services and experience.

C. Competence and Integrity: Applicants must demonstrate a high degree of competence, professionalism, and knowledge in bankruptcy law. This includes:

1. Comprehensive knowledge of bankruptcy law, procedures, evidence, and ethics.
2. High skill level and thoroughness in practice.
3. Successful completion of a written examination on bankruptcy law topics.
4. Knowledge and skill in alternative dispute resolution.

Applicants must also have a clean disciplinary history, with certain past disciplinary actions potentially disqualifying them from certification.

D. References: Applicants must provide at least five references from Arizona attorneys or judges familiar with their practice. Additional references will be selected by the Bankruptcy Advisory Commission. These references must attest to the applicant's knowledge, skill, ethics, and professionalism.

E. Continuing Legal Education: Certified specialists must complete 12 hours of continuing legal education (CLE) annually, focused on advanced bankruptcy law issues and professional responsibility.

For recertification, applicants must show continued substantial involvement in bankruptcy law, defined as devoting approximately 33.3% of a full-time practice annually to bankruptcy-related matters. Formal examination is not required for recertification if there has been no break in certification.

The certification process for bankruptcy law in Arizona involves several steps, ensuring that applicants meet high standards of practice and professionalism.

Step 1: Verify Eligibility

Before beginning the application, ensure you meet the following eligibility requirements:

• Active Membership: You must be an active member in good standing of the State Bar of Arizona.
• Practice Experience: You must have been practicing law for at least five years, with a minimum of two years immediately preceding the application spent practicing in Arizona. Additionally, you should have engaged in legal services equivalent to at least 50% of a full-time practice.

Step 2: Complete the Application

1. Application Form:

   • Obtain and complete the BLS application form. This form requires detailed information about your legal practice, including your experience and involvement in bankruptcy law.

2. Substantial Involvement Documentation:

   • Provide documentation demonstrating your substantial involvement in bankruptcy law over the past six years. This includes handling specific types of bankruptcy cases such as objections to discharge, fraudulent conveyances, and sales of property free and clear of liens.

3. Professional References:

   • Submit the names of at least five Arizona attorneys or judges who are familiar with your practice in bankruptcy law. These references should not include current partners or associates. The Bankruptcy Advisory Commission will also select additional references to provide written comments on your knowledge, skill, and professionalism.

Step 3: Submit Application and Fees

• Application Fees: Pay the required application and testing fees. These fees are necessary to process your application and administer any required examinations.
• Submission: Submit your completed application form, supporting documentation, and fees to the BLS by the specified deadline.

Step 4: Examination

• Written Examination: If required, you must pass a written examination that tests your knowledge of substantive law, practice procedures, evidence, and ethics related to bankruptcy law. The test is formulated by the Bankruptcy Advisory Commission and approved by the BLS.
• ABC Examination Option: If you have passed the written examination given by the American Board of Certification (ABC) within the last 15 months, you may use that examination to fulfill this requirement.

Step 5: Advisory Commission Review

• Application Review: Your application will be reviewed by the Bankruptcy Law Advisory Commission. At least five of the ten commission members must recommend you for certification.
• Public Comment: Names of applicants are published in a State Bar of Arizona publication, providing an opportunity for public comment before the commission considers your application.

Step 6: Certification Decision

• Certification: If your application is approved, you will receive certification as a specialist in bankruptcy law. This certification is valid for five years.
• Renewal: To maintain your certification, you must apply for renewal before it expires. Renewal applications require you to demonstrate continued substantial involvement in bankruptcy law and complete 12 hours of continuing legal education (CLE) annually, focusing on advanced bankruptcy law and professional responsibility.

By following these steps and meeting the rigorous standards set by the BLS, you can achieve certification as a specialist in bankruptcy law, showcasing your expertise and commitment to the legal profession. For more information and to access the application form, visit the Arizona State Bar’s website.