Assistant United States Trustee (AUST)

Office of the United States Trustee
Attorney
280 S First Street
Room 268
San Jose, CA 95113
United States
AUST-SAN JOSE-08-2019
About the Office: 

The United States Trustee Program is a litigating component of the U.S. Department of Justice responsiblefor overseeing nearly all bankruptcy cases filed in federal bankruptcy courts across the United States – including chapter 7 and 13 cases filed by consumer debtors, chapter 12 cases filed by family farmers orfishermen, and complex chapter 11 reorganization proceedings. The Program’s mission is to promote theintegrity and efficiency of the nation’s bankruptcy system for the benefit of all stakeholders – debtors, creditors, and the American public. The Program was established by Congress more than 30 years ago to act as the “watchdog” of the bankruptcy system, with a headquarters in Washington, DC, led by a Director; 21 Regions managed by United States Trustees; and 90 field offices in 44 states each managed by an Assistant United States Trustee.

The USTP is the only participant in the bankruptcy process uniquely positioned to address multijurisdictional misconduct or other issues of national scope that give rise to systemic fraud and abuse, while also effectively combatting local matters affecting the integrity of the bankruptcy system. In FY 2018, the Program took more than 30,000 actions, in and out of court, for a potential monetary impact of $2.8 billion; participated in approximately 100 appeals; and, made more than 2,200 criminal referrals to our federal law enforcement partners. In addition, the Program appoints and supervises approximately 1,300 private trustees who distribute about $10 billion annually; approves credit counselors and financial education providers; determines whether consumer debtors qualify for chapter 7 relief under the means test; and, review chapter 11 operating reports.

For more information about the United States Trustee Program, visit the Program’s web site at https://www.justice.gov/ust. For more information about the San Jose, CA, field office, visit the web site at https://www.justice.gov/ust-regions-r17. San Jose information can be found at: https://www.sanjoseca.gov/visitors.asp.

Our office places a high value on diversity of experiences and perspectives and encourages applications from all qualified men and women from all ethnic and racial backgrounds, veterans, LGBT individuals, and persons with disabilities.
Job Description: 

The Program is seeking experienced attorney applicants for the position of Assistant United States Trustee to lead and manage the San Jose, California, field office that oversees bankruptcy cases filed in the San Jose Division of the Northern District of California (Monterey, San Benito, Santa Clara, and Santa Cruz counties).

As the Assistant United States Trustee, the typical duties include the following:

  • Manage and oversee the administration of the field office, including all bankruptcy cases filed in the judicial district served by the office;
  • Advise and partner with the Executive Office and the United States Trustee on policy questions, legal issues of national importance arising in cases, and other significant matters to enhance the Program’s mission locally, and help develop and implement policies and strategies designed to faithfully execute a uniform application of bankruptcy law;
  • Supervise and manage a staff of trial attorneys, auditors, paralegals, and support staff, including assigning and monitoring work at the office and regional level in accordance with principles of shared staffing and functional consolidation;
  • Oversee and assist in difficult, complex, or precedent-setting bankruptcy cases and in developing and implementing civil enforcement and litigation strategies to address fraud and abuse identified in bankruptcy cases;
  • Carry a caseload of civil enforcement, chapter 11, and trustee oversight matters;
  • Participate or provide oversight in all appellate matters before the Bankruptcy Court Appellate Panel (if applicable), the United States District Court, and the United States Courts of Appeal;
  • Appoint and supervise all private trustees who administer bankruptcy cases filed under chapter 7, 13, and 12 of the Bankruptcy Code;
  • Provide outreach to other interested constituents and those involved in the bankruptcy systems such as the bankruptcy court, the bar, other federal and state agencies, including public speaking and conducting training, as appropriate;
  • Work with the Program’s federal and state law enforcement partners to report criminal activity identified through bankruptcy case oversight; and,
  • Work on other national projects and priorities as assigned.
Qualifications: 

Required Qualifications: Applicants must demonstrate excellent academic and professional credentials, superior oral and written communication skills, good judgment, and the ability to function with minimal guidance in a demanding legal environment. Further, an applicant must have a J.D. degree from an accredited law school; be an active member of the bar (any U.S. jurisdiction) in good standing; and, have at least five years post-J.D. professional legal or other relevant experience advocating on behalf of clients, interpreting, or applying provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and related laws, rules, and regulations that arise in bankruptcy cases.

Preferred Qualifications: In addition to the required qualifications listed above, the ideal candidate will have:

  • Three or more years’ experience in management and personnel supervision;  
  • A demonstrated record of analyzing complex legal problems, interpreting statutory provisions, developing litigation strategies, and superior trial practice skills;
  • Have outstanding organizational skills and the ability to address a broad array of issues arising in a large volume of cases;
  • The ability to accurately and precisely articulate the critical issues in a wide variety of cases and projects;
  • The ability to set, manage, and balance diverse, evolving, and challenging projects and priorities;
  • Demonstrated initiative and creativity;
  • Strong information technology skills, including using data bases and IT systems to manage work; 
  • Experience working with or for federal agencies; and,
  • A commitment to the highest ethical and professional standards.

Applicants must meet all qualification requirements upon the closing date of this vacancy announcement.

If selected for this position, you will be required to provide official proof of J.D. Degree and Bar Membership (including certification of good standing) before a firm job offer is extended.

Salary: 
The position is on the AD pay scale, is a full-time and permanent position, and the possible current salary range is $105,123 to $161,200 per annum. Years and type of experience will determine the appropriate salary level.
Travel: 
Periodic travel is required throughout the district, the region, and the country, depending on work assignments and for training.
Application Process: 

 

This vacancy announcement is open to ALL U.S. CITIZENS

To apply, interested candidates must submit as one PDF document:

  • A current resume that details months and years of education and employment, and states the month and year of earliest bar admission;  
  • A cover letter that highlights the applicant’s interest in the position, and addresses in detail how all qualifications are met;
  • A short writing sample or part of a longer writing sample (not to exceed ten pages), which should be exclusively or primarily the applicant’s work and should include legal analysis; 
  • DD Form 214, Certficate of Release or Discharge from Active Duty (Member 4 copy) (if applicable); 
  • If you are a current or former Federal employee, most recent (non-award) SF-50, Notification of Personnel Action; 
  • CTAP/ICTAP documentation, (if applicable); and, 
  • Schedule (A) documentation, (if applicable).

Email the document to: ustp.employment@usdoj.gov with the subject line AUST-San Jose-08-2019.

Application Deadline: 
Monday, August 26, 2019
Relocation Expenses: 
Relocation expenses may be authorized to current USTP employees only, based on USTP policy.
Number of Positions: 
1
Updated July 26, 2019

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Department Policies

Equal Employment Opportunity:  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 color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, protected genetic information, pregnancy, status as a parent, or any other nonmerit-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.

Reasonable Accommodations:  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.

Outreach and Recruitment for Qualified Applicants with Disabilities:  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.   

Suitability and Citizenship:  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.

Veterans:  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 his  or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

 

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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.