Legal Careers
Trial Attorney (Chapter 11)
Washington, DC 20530 - United States
The United States Trustee Program (USTP) is a litigating component of the Department of Justice whose mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders―debtors, creditors, and the public. The USTP is a national program with 21 regions consisting of 89 field offices, and has broad administrative, regulatory, and enforcement authorities in bankruptcy cases, including chapter 7 and 13 consumer cases, family farmer chapter 12 cases, small business reorganizations, and complex chapter 11 corporate reorganizations. The USTP is the only participant in the bankruptcy process uniquely positioned to address multi-jurisdictional 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.
The Office of the General Counsel (OGC), within the Executive Office for United States Trustees (EOUST), oversees the Program’s legal activities, coordinates appeals, and provides in-house counsel services and ethics advice. OGC formulates and oversees the Program's national legal policies and litigation strategies before the bankruptcy courts and through the appellate process, implements the Program's legal priorities, and advises senior managers and field-based personnel on a wide range of cutting-edge legal issues. Chapter 11 attorneys develop guidance, policies, and training on retention and compensation, official committees, plans and disclosure statements, fiduciary appointments, executive bonuses, and case dismissals, among other issues.
We invite you to visit the USTP’s website for more information on the Program at U.S. Trustee Program | U.S. Trustee Program (justice.gov).
The USTP offers a flexible telework policy, including four (4) telework days per bi-weekly pay period.
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 USTP seeks an experienced chapter 11 attorney to provide expert legal advice on a wide range of chapter 11 issues, including complex chapter 11 litigation, to senior managers and field-based personnel. This position reports to the Associate General Counsel for Chapter 11 Practice and serves as a member of a cohesive and collegial chapter 11 team based in OGC that seeks to ensure consistency across jurisdictions and rigorous adherence to the Code by developing litigation strategies, conducting legal research, drafting and reviewing pleadings, memoranda, briefs, and other legal documents as well as developing, guidance, policies, and training.
Under the direction of the Associate General Counsel, the typical duties of a Chapter 11 Trial Attorney include:
- Provide legal advice and litigation support for field offices involved in challenging or novel chapter 11 issues arising in a variety of chapter 11 cases—from small individual chapter 11s and subchapter V cases to the largest, most complex business reorganizations—often on a short deadline;
- Advise and counsel on a broad spectrum of complex legal issues including, among others, fraudulent or improper practices by a debtor in possession that may require the appointment of a trustee to replace management or of an examiner to analyze the debtor’s affairs, executive compensation arrangements proposed in violation of 11 U.S.C. § 503(c), professional retention and compensation, committee formation and related litigation, and plan and disclosure statement litigation;
- Draft and review pleadings, memoranda, and briefs;
- Develop and implement chapter 11 policies on matters of USTP significance;
- Prepare and present training sessions, both live and distance, for USTP personnel on a variety of chapter 11 issues;
- Assist in the drafting, review, and preparation of public presentations and articles;
- Identify emerging issues and developing trends in chapter 11 practice and recommend USTP responses, as appropriate;
- Participate in working groups and other collaborative efforts relevant to chapter 11 practice;
- Assist and advise a team of dedicated appellate lawyers on the defense and prosecution of appeals relevant to chapter 11 issues from district courts to the U.S. Supreme Court, recently including, among others, Purdue Pharma, FTX, LTL I and II (J&J), and Aero (3M);
- Cooperate and support other departments in EOUST on special projects, as assigned, related to chapter 11 practice, including media, congressional, and public inquiries and information requests;
- Consult and advise on cases under other chapters of the Bankruptcy Code, where issues may affect or intersect with chapter 11;
- Support USTP outreach to interested constituents and those involved in the bankruptcy system, such as the bankruptcy court, the bar, other federal and state agencies, and professional organizations; and
- Work on other national projects and priorities, as assigned.
Required
Applicants must demonstrate excellent academic and professional credentials; superior oral and written communication skills; outstanding legal research, analytical, and legal reasoning skills; outstanding 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 four (4) years post-J.D. professional legal or other relevant experience interpreting, applying, and advocating under chapter 11 of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and related laws, rules, and regulations that arise in bankruptcy cases.
Applicants must be an active member of a state bar in good standing. Please note, in a select few jurisdictions, federal attorneys are required to be active members of the jurisdiction’s state bar.
Preferred
- 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 critical issues in a wide variety of cases and projects.
- The ability to manage and balance diverse, evolving, and challenging projects and priorities.
- Demonstrated initiative and creativity.
- Strong interpersonal skills, including the ability to work in a professional and collegial manner with staff and managers at every level in high-pressure, time-sensitive situations.
- Strong information technology skills, including using data bases and IT systems to manage and track work.
- A commitment to the highest ethical and professional standards.
- The ability to work for a federal agency and to accomplish and execute the Program’s priorities and policies.
- The ability to be a forceful advocate for transparency, accountability, and the rule of law in the bankruptcy process and to act as a watchdog for the public’s interest in the integrity and efficiency of the bankruptcy system.
This vacancy announcement is open to all U.S. CITIZENS.
To apply, interested candidates must submit ONE (1) PDF document containing the following:
- A cover letter that highlights the applicant’s interest in the position and details how all qualifications are met;
- A current resume that details months and years of education, employment, and earliest bar admission;
- A short writing sample, or an excerpt from a longer writing sample (under ten pages), that is exclusively or primarily the applicant’s work and includes legal analysis;
- DD Form 214, Certificate of Release or Discharge from Active Duty, Member 4 copy (if applicable);
- CTAP/ICTAP documentation (if applicable);
- Schedule (A) documentation (if applicable).
Email your PDF application package to ustp.employment@usdoj.gov with the subject line Trial Attorney-OGCCH11-11-2024.
Evaluation Process
A panel of subject matter experts will review applications to determine how well a candidate meets the minimum position qualifications outlined above. If a candidate is deemed qualified, they will be contacted via email or telephone to schedule an interview. Interviews will be scored by a selecting committee and those who fall into the best-qualified category will be considered for the position.
Initial appointment is conditioned upon passing a preliminary background investigation and is not-to-exceed fourteen (14) months. The appointment may require 120-day increment extensions until the full background investigation is complete. The appointment will automatically become permanent following the favorable adjudication.
The possible salary range is on the General Schedule, GS-15. The annual salary will depend on the applicant’s qualifications, experience, and the locality pay adjustment for the duty station.
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.