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Legal Careers

Trial Attorney

Hiring Organization
United States Trustee Program (USTP)
Hiring Office
Region 17- San Francisco, CA
Job ID
UT-16-1717957-EX
Location:
235 PINE STREET, SUITE 700
San Francisco, CA 94104 - United States
Application Deadline:
About the Office

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. We place a high value on diversity of experience and cultural perspective and encourage 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.

Job Description

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.

Qualifications

To qualify at the GS-13, applicants must have at least three (3) 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-12 grade level or pay band in the Federal service or equivalent experience in the private or public sector.

Preferred Qualifications:

(GS-13) 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. 

Application Process

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 Friday, June 24, 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.

Salary

$100,246 - $130,325

Number of Positions
1
Travel
Business travel may be required up to 30% of the time.
Relocation Expenses
Not Authorized

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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 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.

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 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).

USAO Residency Requirement:  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.

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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.

Updated June 13, 2016