SDNY/DE Bankruptcy Clerkships Forum

[Anonymous User]

What kind of grades are needed from HYS to have a shot at bankruptcy clerkships in DE or SDNY assuming that there is a strong demonstrated interest in bankruptcy?

Also, are most judges just accepting paper applications for 2015?

Thanks!!

[Anonymous User]

Why do you want a bk clerkship? It's my impression that they are helpful for people without jobs, but assuming you're at Weil/Kirkland (assuming this from HYS), I've been told from partners (at both the above mentioned firms) that bk clerkships aren't necessarily worth the (time/$) investment.

On the other hand, if you have aspirations to be a judge or you're looking to jump to a better firm, it starts to make more sense. You'll be the go-to guy for cases under that judge, which is super helpful from a "value to the firm" perspective, but there are other ways to make yourself valuable that don't cost a year of your time and $$.

To answer your question, though, grades don't really matter at HYS for bk clerkships. Much more important is a demonstrated interest in bankruptcy. Obviously you don't want terrible grades, but having a paper on bk published, externing for a bk judge, and good grades in bk classes (secured trans, bk, etc) will make more of an impact than say, the difference between median and top 1/3.

ETA: Application processes can vary. It's best to just call up the judge's chambers and ask what the process is.

[Anonymous User]

I got a SDNY/DE bankruptcy clerkship with top 15% from a T20 so I would guess you could go down to top third or so from HYS (maybe even lower if you have good BK credentials on your resume). There are so few of these spots that it is tough to predict hiring so obviously the higher your grades, the better. Demonstrated interest in BK is really important as well (BK related firm work; Duberstein Moot Court Competition; coursework; publications--even something shorter for like the ABI Journal; externing for a BK judge; etc), but it sounds like that is something you have thought about already.

Also, if you are looking for 2015-2016 you better get on it ASAP. As is the case with all clerkship hiring, the spots in the elite jurisdictions fill up early. Some judges may have hired already. I would send out paper apps to all SDNY/DE BK judges ASAP (and maybe some other bigger jurisdictions as well like NDIL, CDCA, NDTX, SDTX, etc. if you are really set on a BK clerkship). As a point of reference I was offered in June the cycle I was hired (a year and three months prior to my start date).

[Anonymous User]

Is it ok to call and confirm that the judges received paper applications?

Also, will median or slightly below median at HYS have a good chance if you have a strong demonstrated interest in bankruptcy and strong recs?

[Anonymous User]

Any update on what the hiring situation is in sdny and delaware?

[Anonymous User]

What's the low down on applying to these positions? I'm guessing we send paper applications since there aren't very many on OSCAR, but when?

I'll be doing a bankruptcy clerkship in Texas 2015-2016. I'm happy with that opportunity, but want to get some big ch. 11 experience. I could call the chambers after I start but I don't want to either wait too long or bother them if it is in the collective TLS wisdom.

[Anonymous User]

I am the 5/20 anon above with a SDNY/D. Del. BK clerkship for 2014-2015. I really think you just need to send paper applications to all the SDNY/D. Del. BK judges. I think it would only be like 15 applications. Not all of them even hire term clerks (I believe two of the D. Del. judges do not) but it doesn't hurt to apply. I applied in the spring of 2013 and interviewed/got the job early summer 2013. These spots are very competitive and I think a lot of them are filled through connections etc. You need very good credentials (some of which are BK-specific) and/or a good connection with a judge to land one. Certainly previous clerking experience would help.

[Anonymous User]

Are delaware and sdny done hiring?

[emciosn]

Are delaware and sdny done hiring?

I'm assuming you're asking for 2015-2016? No way to know for sure but I would guess that many/most of them are done. It probably wouldn't hurt you to send out some apps to all of them as there might be a chance a few have not yet hired but I would say your chances are slim at this point and only getting slimmer. I would say that it is still worth sending out the apps, though.

[Anonymous User]

I'm a 3L and will be clerking in SDNY/Del. Are there any classes that former or current bankruptcy clerks would recommend taking? Is it important to take Fed Courts, Admin Law, etc.? Would advanced tax courses be recommended?

[emciosn]

I'm a 3L and will be clerking in SDNY/Del. Are there any classes that former or current bankruptcy clerks would recommend taking? Is it important to take Fed Courts, Admin Law, etc.? Would advanced tax courses be recommended?

I would recommend federal courts, it's a tough class and will be full of gunners but I think it is definitely worthwhile for any federal clerk (and since you already have your clerkship, getting a top grade isn't quite as important). Also the jurisdiction of the bankruptcy court (to enter final orders in certain types of proceedings) is a really hot issue right now. There was Stern a few years ago, then Executive Benefits this term and the Court granted cert on another case similar to Executive Benefits for next fall. Your federal court's class will at least cover Stern and probably Northern Pipeline v. Marathon too so that discussion will be helpful for you.

Obviously taking a bankruptcy course is important (I'm guessing you already have). If you are in SDNY do not underestimate the amount of consumer cases you will deal with (relatively speaking more of the corporate stuff is being filed in DE right now, plus DE has very little consumer BK traffic). So if you have only taken a corporate bankruptcy course with no overview of consumer chapter 7/13 I would suggest taking a consumer BK course. Chapter 13 especially can be pretty complicated.

Secured transactions is probably the second most important class to take after bankruptcy. Also understanding mortgages will be important if your judge handles a decent amount of consumer cases (although I don't recall a class that covered mortgages at my law school).

Since you will be in SDNY/DE taking corporations will be helpful as well as securities regulation. In corporate cases understanding capital structure (i.e. priority) is important. I often think that I wish I would have taken tax (fed income tax and corp. tax) but I didn't and it has not hurt me too bad thus far. There are some sticky issues but generally the way the Code deals with tax liability is fairly straight forward (after liability has been established--which is not something I have had to deal with, I have only dealt with the priority of the tax debt after the fact). So if you have the time/motivation to take tax I think you would be happy you did but it's not a necessity. I don't know that I see a burning need to take admin law either but it may not hurt I suppose (I would take tax courses before admin law). If your school offers a separate class on Article 2 (and it wasn't covered in your contracts class) that could be helpful. If you are in SDNY trusts and estates might be helpful too since that stuff seems to come up in consumer cases fairly often.

That is all I can think of right now. Really any class that will help you to understand the bankruptcy code, priority, or the way deals are structured is helpful. Any class you would take if you were gunning to be a transactional associate at a big firm would probably help.

[Anonymous User]

Thanks! This is very informative. Would you also recommend taking evidence? How about an M&A course or a corporate governance course?

[emciosn]

Thanks! This is very informative. Would you also recommend taking evidence? How about an M&A course or a corporate governance course?

Bankruptcy courts conduct evidentiary hearings (trials) from time to time (although non-evidentiary hearings, i.e. motions practice, are far more common). I would say that the rules of evidence are somewhat relaxed in bankruptcy court and I would assume that evidentiary disputes are far less common in bankruptcy court than in the district court. Also evidence would cover a bunch of stuff (criminal and the like) that wouldn't be useful to you. But I took evidence and in hindsight that knowledge has come in handy from time to time so taking evidence wouldn't be a total waste. On the other hand you might learn all you need to know about evidence while you're studying for the bar exam. The rules are easy enough to look up as well. It depends on what your other options are. Taking evidence would not be a waste but there are other classes that may be more worthwhile. The rules of evidence you need to know in bankruptcy court, I think, are more intuitive than say the Securities Act of 1933 or UCC Article 9, so taking securities regulation or secured transactions would be more valuable but more power to you if you have time for all three.

I think an M&A course would be valuable. Understanding leveraged finance will be helpful. Companies that are not liquidating or doing a quick 363 sale are coming to the bankruptcy court to de-leverage. Some big companies that were taken private during the private equity boom of 2004-07 are ending up in bankruptcy now (Energy Futures, it looks like Caesars is on its way) so understanding the structure of these deals would certainly be a plus. I would rank taking this class above evidence and tax and probably on par with securities regulation (maybe even above that too).

My feelings on corporate governance are pretty similar to evidence. Definitely wouldn't be the worst class to take but it depends on what other classes are available and how much time you have available.

[Anonymous User]

What's the low down on applying to these positions? I'm guessing we send paper applications since there aren't very many on OSCAR, but when?

I'll be doing a bankruptcy clerkship in Texas 2015-2016. I'm happy with that opportunity, but want to get some big ch. 11 experience. I could call the chambers after I start but I don't want to either wait too long or bother them if it is in the collective TLS wisdom.

If you don't mind me asking, what are your stats?

[Anonymous User]

I'm a 3L and will be clerking in SDNY/Del. Are there any classes that former or current bankruptcy clerks would recommend taking? Is it important to take Fed Courts, Admin Law, etc.? Would advanced tax courses be recommended?

Obviously taking a bankruptcy course is important (I'm guessing you already have). If you are in SDNY do not underestimate the amount of consumer cases you will deal with (relatively speaking more of the corporate stuff is being filed in DE right now, plus DE has very little consumer BK traffic). So if you have only taken a corporate bankruptcy course with no overview of consumer chapter 7/13 I would suggest taking a consumer BK course. Chapter 13 especially can be pretty complicated.

Secured transactions is probably the second most important class to take after bankruptcy. Also understanding mortgages will be important if your judge handles a decent amount of consumer cases (although I don't recall a class that covered mortgages at my law school).

Only one SDNY judge in the Manhattan court has chapter 13s. If you don't have that one judge, you won't have any chapter 13s, and the 7s you do have will likely be very routine and not take up any of your time.

[Anonymous User]

What's the low down on applying to these positions? I'm guessing we send paper applications since there aren't very many on OSCAR, but when?

I'll be doing a bankruptcy clerkship in Texas 2015-2016. I'm happy with that opportunity, but want to get some big ch. 11 experience. I could call the chambers after I start but I don't want to either wait too long or bother them if it is in the collective TLS wisdom.

If you don't mind me asking, what are your stats?

Sure thing:

- Between top 1/3 and top 1/4 at a T10
- Editor on secondary journal
- Biglaw 2L summer (no offered )
- Relatively little bankruptcy experience, but was able to explain why I was interested.
- SSC out of region 2014-2015

[Anonymous User]

What's the low down on applying to these positions? I'm guessing we send paper applications since there aren't very many on OSCAR, but when?

I'll be doing a bankruptcy clerkship in Texas 2015-2016. I'm happy with that opportunity, but want to get some big ch. 11 experience. I could call the chambers after I start but I don't want to either wait too long or bother them if it is in the collective TLS wisdom.

If you don't mind me asking, what are your stats?

Sure thing:

- Between top 1/3 and top 1/4 at a T10
- Editor on secondary journal
- Biglaw 2L summer (no offered )
- Relatively little bankruptcy experience, but was able to explain why I was interested.
- SSC out of region 2014-2015

good stats. Out of curiosity, did the bankruptcy judge ask about the reasons for being no-offered?

Did you mail your application? I am mailing a bunch of them this week.

[Anonymous User]

What's the low down on applying to these positions? I'm guessing we send paper applications since there aren't very many on OSCAR, but when?

I'll be doing a bankruptcy clerkship in Texas 2015-2016. I'm happy with that opportunity, but want to get some big ch. 11 experience. I could call the chambers after I start but I don't want to either wait too long or bother them if it is in the collective TLS wisdom.

If you don't mind me asking, what are your stats?

Sure thing:

- Between top 1/3 and top 1/4 at a T10
- Editor on secondary journal
- Biglaw 2L summer (no offered )
- Relatively little bankruptcy experience, but was able to explain why I was interested.
- SSC out of region 2014-2015

What is SSC?

[Anonymous User]

good stats. Out of curiosity, did the bankruptcy judge ask about the reasons for being no-offered?

Did you mail your application? I am mailing a bunch of them this week.

No, it was an oscar position.

The judge didn't ask whether I had an offer and I didn't bring it up. I think it is pretty well known that my firm's non-transactional practices didn't have a great year and something like 1/4 of people were no-offered or cold offered. He also knew some of the partners I worked with at the firm so maybe asked them. Or maybe he just didn't care, idk.

What is SSC?

Sorry. State supreme court.

[Anonymous User]

I sent applications to Delaware at the bankruptcy court's address at "824 N. Market Street, Wilmington DE 19801," via certified mail, but the tracking says it was delivered in "Wilmington, zip code 19899." Obviously, the zip codes are different, and I do not know if my applications were received at the right place or not.


Has anyone else had this problem?

[Anonymous User]

I sent applications to Delaware at the bankruptcy court's address at "824 N. Market Street, Wilmington DE 19801," via certified mail, but the tracking says it was delivered in "Wilmington, zip code 19899." Obviously, the zip codes are different, and I do not know if my applications were received at the right place or not.


Has anyone else had this problem?

I mailed my application to 824 N. Market Street, Wilmington DE 19801 but did not pay attention to the tracking. I've heard back from a few judges so at least I know they received my app. Sorry I can't be more help...maybe call the USPS and ask?

[Anonymous User]

I'm a current 3L and will be clerking in SDNY/Del. next year (2015-16). Are there any current/former clerks that can share their experiences looking for a job? I'm looking to end up in NY but I didn't summer there my 2L summer. Thanks!

[Anonymous User]

I'm a current 3L and will be clerking in SDNY/Del. next year (2015-16). Are there any current/former clerks that can share their experiences looking for a job? I'm looking to end up in NY but I didn't summer there my 2L summer. Thanks!

It was a breeze for one of my friends to find a job with a good firm's bankruptcy section. What are your stats?

[Anonymous User]

I'm a current 3L and will be clerking in SDNY/Del. next year (2015-16). Are there any current/former clerks that can share their experiences looking for a job? I'm looking to end up in NY but I didn't summer there my 2L summer. Thanks!

It was a breeze for one of my friends to find a job with a good firm's bankruptcy section. What are your stats?

Anon with the original question. Somewhere between top 1/3 and median at a top 40 law school. Lot's of bankruptcy experience--summered with a midsize firm's bankruptcy group, multiple internships with bk judges, numerous bankruptcy classes.

I struck out at OCI and am afraid that the clerkship will not be enough bump this time around.

[minnbills]

I'm a current 3L and will be clerking in SDNY/Del. next year (2015-16). Are there any current/former clerks that can share their experiences looking for a job? I'm looking to end up in NY but I didn't summer there my 2L summer. Thanks!

It was a breeze for one of my friends to find a job with a good firm's bankruptcy section. What are your stats?

Anon with the original question. Somewhere between top 1/3 and median at a top 40 law school. Lot's of bankruptcy experience--summered with a midsize firm's bankruptcy group, multiple internships with bk judges, numerous bankruptcy classes.

I struck out at OCI and am afraid that the clerkship will not be enough bump this time around.

If you've got a clerkship with SDNY/DE you will definitely be competitive.