Bankruptcy Practice Provides Trial Opportunities

Before the judgeNew consumer bankruptcy lawyers can find themselves in the courtroom almost as often as they want.  Even without taking on the debtor related claims under RESPA, FDCPA, and FCRA, bankruptcy abounds with issues that allow a practitioner to get motion and trial experience.

While the article is dated, the theme of the 2002 ABA article on bankruptcy as a hot area of practice remains true:  bankruptcy is delicious in terms of its complexity and a quick route into the courtroom.  And that was before BAPCPA.

Bankruptcy Jude Manuel Barbosa is quoted for the proposition that there is a real need for quality lawyers to represent consumers. With the Great Recession, the need is even greater.

Experienced business and bankruptcy lawyers echo each other in highlighting the breadth of the practice.  The more you understand business, real estate or family law, the more you bring to a bankruptcy practice.  I would add that the more you focus on getting a practical and economic outcome for your client, the better the service you render.

“You can’t learn bankruptcy law solely from the books”, said bankruptcy lawyer Mike Sigal.

So hang out here a bit, and we’ll continue to share those things about bankruptcy practice that you can’t find in books.

More on courtroom experiences in bankruptcy

image courtesy maveric2003


  1. John Mlnarik says

    Could you please recommend some of the tools a new bankruptcy attorney should have in their toolbox? Say I’m getting ready to file my first Adversary proceeding for example, should I have TRG’s Federal Procedure Before Trial? Or maybe just a link to your blog!

  2. How about a trip through the Part 7 Bankruptcy Rules for adversary proceedings for a start. Then check the Local Rules for the local twist on things. Then start your trial notebook: what do you have to prove to prevail? what evidence do you have? what do you need? who has it? Start planning the trial so you know the strengths and weaknesses of your case. You want to have thought about trial vs. settlement so you’re primed for those discussions whenever they come up.