Legal Careers
Assistant United States Trustee
San Jose, CA 95113 - United States
The USTP is a litigating component of the Department of Justice with responsibility for overseeing nearly all bankruptcy cases filed in the United States – from chapters 7, 12, and 13 consumer cases to major chapter 11 business reorganizations. The Program’s mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders – debtors, creditors, and the public. USTP employees headquartered in Washington, DC, and in 93 field office locations across the country handle a wide range of administrative, regulatory, and enforcement matters. Of particular importance are the Program’s efforts to address fraud and abuse by debtors, creditors, and others in the bankruptcy system by taking both formal and informal civil enforcement actions and making criminal referrals to U.S. Attorneys as appropriate.
The USTP places a high value on diversity of experience and cultural perspectives and encourages applications from all interested eligible candidates, including candidates from all ethnic and racial backgrounds, women, LGBT individuals, veterans, and individuals with disabilities.
As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.
The United States Trustee Program (USTP) is seeking an experienced attorney to serve as an Assistant United States Trustee (AUST). The incumbent will be responsible for the administrative and legal management of the United States Trustee's San Jose, CA office, including the supervision of personnel assigned to the office; the implementation of Program policies and priorities and enforcement strategies to combat fraud and abuse in the bankruptcy system; the administration of cases filed under chapter 7, 11,12, and 13 of the Bankruptcy Code; representing the United States Trustee in bankruptcy court; maintaining and supervising a panel of private trustees; and ensuring that violations of law are referred to the United States Attorney and federal law enforcement officials. The incumbent reports to the United States Trustee (UST) for Region 17 headquartered in San Francisco, CA.
To qualify for the AUST vacancy, internal candidates who wish to be considered must demonstrate in their resume that they have at least five (5) years post J.D. professional legal experience in interpreting, applying and advocating on behalf of clients the provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and related laws, rules, and regulations that arise in bankruptcy cases.
External candidates who wish to be considered must demonstrate in their resume that they have at least seven (7) years post J.D. professional legal experience in interpreting, applying and advocating on behalf of clients the provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and related laws, rules, and regulations that arise in bankruptcy cases.
In addition to the required qualifications listed above, it is desired that applicants have three or more years' experience in managing or supervising and providing legal skills training to attorneys.
EDUCATION: Candidates must have a Juris Doctorate Degree from a law school.
BAR MEMBERSHIP: Candidates must be an active member in good standing of the bar of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico with a valid license to practice law.
Please submit your application through USAJOBS. The list of required documents can be found in the USAJobs announcement.
1.Create an Account. You will be able to upload your resume and supporting documents and complete your profile prior to applying.
2. Once you have an account, apply to the USAJobs vacancy:
Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflicts of interest or disqualification issues that may need to be addressed under those circumstances.
$137,353.00 to $156,100.00 / Per Year.
Department Policies
The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination because of race, color, religion, national origin, sex - including gender identity, sexual orientation, or pregnancy status - or because of age (over 40), physical or mental disability, protected genetic information, parental status, marital status, political affiliation, or any other non-merit based factor. The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.
This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements. Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority. Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.
Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalf from inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.
It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.
There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that their retirement was due to a permanent service-connected disability or that they were transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
Assistant United States Attorneys must reside in the district to which appointed or within 25 miles thereof. See 28 U.S.C. 545 for district specific information.
This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.