Trial Attorney

United States Trustee Program (USTP)
Attorney
235 Pine Street, Suite 700
San Francisco, CA 94104
United States
UT-15-1430016
About the Office: 

The U.S. Trustee Program (USTP) is a litigating component of the Department of Justice and has the legal authority to appear in the majority of the bankruptcy cases filed in the United States, from Chapter 7 liquidations to major Chapter 11 business reorganizations. As a result, USTP employees headquartered in Washington, D.C., and in our 93 field office locations throughout the country handle a wide range of challenging and significant matters as we strive to promote the integrity of the bankruptcy system by enforcing bankruptcy laws. Of particular importance is this Program's effort to address fraud and abuse by debtors, creditors, attorneys, and others in the bankruptcy system by taking formal and informal actions in a civil context and making criminal referrals to and working with the U.S. Attorneys.

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.

If you are interested in a challenging and rewarding career and access to a generous benefits package, consider the USTP as your employer of choice!

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: 

Required Qualifications:

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.

Preferred Qualifications:

In addition to the required qualifications listed above, it is preferred that applicant has three or more years of experience in at least two of the following areas: litigation, appellate, business and/or financial services.

Salary: 
$116,768.00 - $151,799.00
Travel: 
Occasional travel; Business travel may be required up to 10% of the time.
Application Process: 

All Application Packages must be received by 11:59 PM, Eastern Time, on the closing date of this announcement.

Please submit your application through USAJOBS. The list of required documents can be found in the USAJobs announcement.

1. If you do not already have an account, please create a USAjobs account before applying 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: https://www.usajobs.gov/GetJob/ViewDetails/406599700

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 conflict of interest or disqualification issue that may need to be addressed under those circumstances.

Application Deadline: 
Tuesday, June 23, 2015
Relocation Expenses: 
Relocation expenses are not authorized.
Number of Positions: 
1
Updated April 7, 2016

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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.