Duties
About the Office
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.
The USTP offers a flexible telework policy, including four (4) telework days per bi-weekly pay period.
Job Description
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.
How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Application Process
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.
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 conflicts of interest or disqualification issues that may need to be addressed under those circumstances.
The application materials are required to be submitted electronically as a pdf file by all applicants (including attorneys currently appointed to positions in the Department of Justice) and emailed to
ustp.employment@usdoj.gov with the subject line
Trial Attorney-OGCCH11-11-2024.
Incomplete applications will not be considered.
When addressing the specialized experience statement, applicants must present evidence of the experience in their resume. If the specialized experience statement is repeated, in the applicant's resume, Human Resources will deem the applicant as ineligible.