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 chapter 7, 12, and 13 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.
Incumbent will serve as a Trial Attorney in a field/regional office within the United States Trustee Program (USTP), with the responsibility for assisting in supervising the administration of cases and trustees in cases filed under chapters 7, 11, 12 and 13 of the Bankruptcy Code. The incumbent will be required to review cases for bankruptcy fraud and abuse (both civil and criminal); oversee business reorganization filings, draft motions, pleadings, and briefs; and will be primarily responsible for the preparation, presentation, and litigation of cases arising under the Bankruptcy Code. The following are duties the incumbent can expect to perform at the full performance level:
• Prepares memoranda of fact and law and recommends whether prosecution should be undertaken. If prosecution is authorized, initiates the filing of papers with the appropriate court, prepares and tries the case, or prepares the case for trial by another attorney.
• Provides advice and assistance as necessary which may include active participation in the presentation of a case, preparing witnesses, examining and cross-examining witnesses, and consulting with other trial attorney’s with respect to the line of argument.
• Recommends issues for appeal, and prepares appellate pleadings. Considers the effect of the decision as a precedent if allowed to stand, the weight of the evidence, the need for consistent application of the law in all jurisdictions, the amount of money involved, the cost of litigation, and other considerations bearing on the advisability of appeal.
• Reviews pleadings filed by trustees which reflect issues of case administration, including sales, abandonment, employment or fees of professionals, and objections to claims of exemption.
• Implements civil enforcement strategies to combat fraud and abuse in the bankruptcy system and makes referrals to federal government and state agencies regarding criminal violations of bankruptcy laws.
• Devises appropriate legal strategies for seeking remedies under 11 U.S.C. §§ 110, 329, 707(a) and (b), 727, as well as provisions relating to debtor audits, creditor abuse, and other bankruptcy statutes.
To qualify at the GS-14, applicants must have at least four (4) years post Juris Doctorate (J.D.) professional legal experience 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. At least two years of the required professional legal experience above must be at or equivalent to the GS-13 grade level or pay band in the Federal service or equivalent experience in the private or public sector.
To qualify at the GS-15, applicants must have at least five (5) years post Juris Doctorate (J.D.) professional legal experience 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. At least two years of the required professional legal experience above must be at or equivalent to the GS-14 grade level or pay band in the Federal service or equivalent experience in the private or public sector.
(GS-14) In addition to the required qualifications listed above, it is preferred that applicant has at least two or more years of experience in at least two of the following areas: litigation, appellate, business and/or financial services.
(GS-15) In addition to the required qualifications listed above, it is preferred that applicant has at least three or more years of experience in at least two of the following areas: litigation, appellate, business and/or financial services.
EDUCATION: Candidates must have a Juris Doctorate Degree from an accredited 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.
To apply for this position, you must submit a resume, complete the occupational questionnaire and submit the documentation specified in the Required Documents section below. The complete Application Package must be submitted by 11:59 PM (EST) on Tuesday, May 31, 2016 in order to receive consideration. To begin, click Apply Online to create a USAJOBS account or log in to your existing account. Follow the prompts to select your USAJOBS resume and/or other supporting documents and complete the occupational questionnaire. Click the Submit My Answers button to submit your application package. It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date. To verify your application is complete, log into your USAJOBS account, https://my.usajobs.gov/Account/Login, select the Application Status link and then select the more information link for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process. To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete. It is your responsibility to verify that information entered, uploaded, or faxed is complete, accurate, and submitted by the closing date. Uploaded documents may take up to one hour to clear the virus scan. Faxed documents must be completely transmitted by 11:59 PM (EST) on the closing date of the announcement.