The State Bar of California every 2 years allows attorneys who practiceprimarily bankruptcy law to pay for and take a Specialization test for Personal and Small Business Bankruptcy Law. Only 93 attorneys in the whole of the state of California hold the distinction and honor of being Certified Personal and Small Business Bankruptcy Law Specialists.

Nedra Fraley is one of those elite few that have taken and passed the exam and proven to the satisfaction of the State Bar that she is entitled to the name "Specialist." To do this she has had to prove that she has had considerable experience in the field, and by Federal Bankruptcy Judge and other opposing counsel references that she has the skill and respect of those she practices in front of and against to be called a specialist.

Gary Fraley, though having more time and experience in practicing Bankruptcy law than Nedra, finally took the exam in August 1999 and only this February 2000 was advised that he had successfully passed the exam. He is now in the process of documenting his extensive experience and obtaining the references from the Judges and others necessary to receive his certification. In fact, as of the time this is being written, the State Bar has not provided him with the requisite forms and instructions to fulfill the requirement. It is expected that those forms will arrive shortly.

Based on experience with the State Bar, and recognizing their limited resources, it is expected that it will take them several months to do the needed reference checks and issue the Certificate. This is true even though Gary's experience is much greater than that required by the State Bar. Though the Certificate may take a while to be issued, Gary has the experience now to handle any case that comes to him.

To become a State Bar Certified Personal and Small Business Bankruptcy Law Specialist reflects great commitment and effort by the attorney. As can be seen by the fact that there are only 93 in all of the State of California, to become a Certified Specialist requires more experience, commitment and skill than most Bankruptcy practitioners are willing or able to accomplish. It is an honor reached by very few.

That is not to say that there are not good and even exceptional attorneys practicing Bankruptcy law that will do an excellent job for you because there are. Gary has been just such an attorney for many years and will be such until the State Bar is satisfied that he meets their high standards for
Certification.

What a Specialist Certification means to you is that the law firm has committed the time, the money, and the effort to have their attorneys know and practice Bankruptcy Law as the best in their field. Simply put, it is the yard stick that measures and demonstrates the law firm's commitment to providing you with the highest quality of legal services available.

Here, in addition to taking and passing this exam, are some of the requirements for Certification taken directly from the State Bar Web site:

"2.0 TASK REQUIREMENT FOR CERTIFICATION

2.1 An applicant must demonstrate that within the five (5) years immediately preceding the initial application, he or she has been substantially involved in the practice of personal and small business bankruptcy law. A prima facie showing of substantial involvement in the area of personal and small business bankruptcy law is made if he or she had principal responsibility for representation of, and has personally appeared on behalf of, a client or clients as parties identified below in not less than three (3) of the following types of matters involving debtors under the code, at least fifty (50) of which must have taken place in not less than thirty (30) different cases:

2.1.1 The plaintiff or defendant in not less than three (3) adversarial proceedings as defined in Part VII of the Federal Rules of Bankruptcy
Procedure;

2.1.2 The objecting party or the claimant on an objection to allowance of a claim in not less than three (3) bankruptcy cases;

2.1.3 The objecting party or the debtor on an objection to a claim of exemption in not less than three (3) bankruptcy cases;

2.1.4 The moving party or a named respondent in any other contested matter as defined in Rule 9014 of the Federal Rules of Bankruptcy Procedure in not less than ten (10) bankruptcy cases;

2.1.5 The debtor in not less than twenty (20) voluntary or involuntary cases under the Bankruptcy Code;

2.1.6 The petitioning creditors in an involuntary case under the Bankruptcy Code;

2.1.7 The appellant or appellee in an appeal taken pursuant to Part VIII of the Federal Rules of Bankruptcy Procedure which resulted in the filing of an opinion.

2.2 For purposes of the foregoing, matters under 2.1.1, 2.1.2, 2.1.3 and

2.1.4 must have resulted in an order of the bankruptcy court concluding the specific proceeding; matters under 2.1.5 must have included representation to and until the entry or the denial of entry of the discharge under 11 U.S.C. §727 (in a chapter 7 case) or to confirmation of a plan (under chapters 11, 12 or 13 of the Bankruptcy Code); matters under 2.1.6 must have resulted in entry of an order for relief or dismissal of the involuntary petition; and matters under 2.1.7 must have resulted in the filing of a written decision, irrespective of whether certified for publication.

2.3 For purposes of the foregoing, a joint case is treated as a single case and joint debtors are treated as a single debtor.

3.0 EDUCATIONAL REQUIREMENT FOR CERTIFICATION

An applicant must show that, within the three (3) years immediately preceding the application for certification, he or she has completed not less than forty-five (45) hours of educational activities specifically approved for personal and small business bankruptcy law, at least eight (8) of which shall have been attributable to legal ethics relating to personal and small business bankruptcy law cases.

4.0 INDEPENDENT INQUIRY AND REVIEW REQUIREMENT FOR CERTIFICATION

4.1 An applicant shall submit the names and mailing addresses of the following:

4.1.1 Three (3) lawyers who practice in the same geographic area as the applicant, and one (1) Judge of the United States Bankruptcy Court or District Court, chosen by the applicant before whom the applicant has appeared as an advocate in bankruptcy proceedings within the five (5) years immediately preceding application; and

4.1.2 Two (2) different opposing counsel in two (2) contested or adversary proceedings conducted by the applicant within the five (5) years immediately preceding application, if any; and

4.1.3 One (1) bankruptcy trustee whom the applicant has represented in a bankruptcy proceeding within the five (5) years immediately preceding the application; or one (1) bankruptcy trustee or one (1) trustee's attorney in a case in which the applicant represented the debtor within the five (5) years immediately preceding application.

4.2 The Commission may select from among the names of judges and lawyers who practice or preside in the same geographical area as the applicant for further evaluation of the applicant's proficiency in the practice of bankruptcy law.

4.3 References may be asked to submit the names of additional references familiar with the applicant's proficiency."

As you can see, the requirements are rigorous and thorough, as they should be for someone claiming to be truly a Specialist in his or her field.

Check out the State Bar of California Specialist web site and decide for yourself if this level of experience and commitment is important to you.