Question for Bankruptcy Clerks-How to Answer Why Bankruptcy? Forum

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Question for Bankruptcy Clerks-How to Answer Why Bankruptcy?

Post by Anonymous User » Thu Aug 07, 2014 2:26 pm

"Why bankruptcy?" - I was curious what a good answer to this would be?

My work and academic experiences my resume clearly shows that I am interested in bankruptcy (i.e. note on Ch. 15, internships w/bankruptcy judges, advanced bankruptcy classes, etc.). But I don't know how to exactly answer WHY bankruptcy.

Would something along the lines of - Going in to law school I knew I wanted to do something corporate related and I interned with a bankruptcy judge over my 1L summer and was enjoyed the work so I decided to take bankruptcy/write my note on bankruptcy. After taking the intro class and writing my note I thought this was something could consider practicing once I graduated. As a result I signed up for advanced bankruptcy classes and obtained a second internship with a bankruptcy judge. After that semester of working with the code on almost a daily basis I knew bankruptcy was what I wanted to pursue...

Or when asking this question do you look for something specific? i.e. working with a code, the hybrid nature of bankruptcy, etc.??

Anyways I was just curious what others' thoughts were on this question. Thanks for the help.

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Re: Question for Bankruptcy Clerks-How to Answer Why Bankruptcy?

Post by Anonymous User » Thu Aug 07, 2014 2:28 pm

What I love about bankruptcy practice is the highly expedited nature of the proceedings and the fact that it's a court of equity: the bench is intimately involved with working toward consensual plans, which means we're all geeking out on bankruptcy issues together.

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Re: Question for Bankruptcy Clerks-How to Answer Why Bankruptcy?

Post by Anonymous User » Thu Aug 07, 2014 2:30 pm

Incredibly collaborative process between opposing parties. Rarely acrimonious (relative to general commercial litigation). Everybody knows everybody.

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Re: Question for Bankruptcy Clerks-How to Answer Why Bankruptcy?

Post by emciosn » Thu Aug 07, 2014 5:31 pm

I am just finishing up a BK clerkship and I actually keep a list of "why bankruptcy?" answers on my phone. Some of these have come up organically and some I have stolen from attorneys I had informational meetings with (its a good question to ask during info interviews, if only to steal what they say). Here is what I have:

I like that it is code based--just makes more sense to me than some other areas of the law

I like that it is a mix of transactional and litigation

I like the variety of issues that come up--always seems to be working on a new legal issue or in a new area of the law since BK tends to pull in other areas of the law. Harvey Miller actually described it as "the last bastion of the generalist" and I kind of like that (source: http://www.chambers-associate.com/Artic ... eArea/1209 really good idea to read the chambers associate write up--will give you more ideas of ways to answer this question without sounding silly)

Like the way business is done in the bankruptcy court--parties in BK court are (generally--i.e. except for divorced couples) concerned with getting down to business and getting the deal done without the unproductive legal posturing/wrangling that you sometimes see in general commercial litigation. Judges are concerned with conserving estate resources and moving the case along so things are often more streamlined in court (trials/evidentiary hearings are streamlined).

There are lots of opportunities for motions practice in court.

I think there are advantages to working in federal court as opposed to state court.

It happens to be what I am good at (if you have some good BK credentials I don't think there is anything wrong with saying "I like it because I am good at it")

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Re: Question for Bankruptcy Clerks-How to Answer Why Bankruptcy?

Post by Anonymous User » Thu Aug 07, 2014 10:07 pm

Is "Because this country's on a one-way track to hell and somebody's got to take advantage, amiright?" too honest?

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Re: Question for Bankruptcy Clerks-How to Answer Why Bankruptcy?

Post by Anonymous User » Thu Aug 07, 2014 10:18 pm

Anonymous User wrote:Is "Because this country's on a one-way track to hell and somebody's got to take advantage, amiright?" too honest?
That's an SPS answer. Most Ch 11s emerge.

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Re: Question for Bankruptcy Clerks-How to Answer Why Bankruptcy?

Post by Anonymous User » Fri Aug 08, 2014 9:29 am

Anonymous User wrote:Is "Because this country's on a one-way track to hell and somebody's got to take advantage, amiright?" too honest?
Sure....helping a chapter 7/13 debtor save her house or helping a business emerge from chapter 11 is great way to "take advantage" of them. Get out of here with that garbage.

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www.top-law-schools.com

Post by BVest » Fri Aug 08, 2014 9:40 am

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