For parties and counsel in bankruptcy court
Bankruptcy disputes require a clear litigation strategy.
A dispute over a claim, discharge, transfer, or court order can shape the course of a bankruptcy case. Start with a discussion of the parties, procedural posture, and deadlines.
Request a matter review
Send your contact details and the court or jurisdiction involved. Our office will review the inquiry and respond, usually within one business day.
Please do not send confidential information yet. Before discussing a matter in detail, our office will ask for the names of the parties to run a conflicts check. Submitting this form does not create an attorney–client relationship or protect any deadline.
Matters Asa considers
Each matter is accepted or declined after a conflicts check and a review call. Whether a case is a fit depends on the court, the posture, the deadlines, and the parties involved.
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Adversary proceedings
Prosecuting or defending a lawsuit filed inside the bankruptcy case, from the complaint and answer through discovery, motions, and trial before the bankruptcy judge.
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Dischargeability disputes
Actions under sections 523 and 727 of the Bankruptcy Code over whether a particular debt, or the discharge as a whole, survives the case.
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Preference and fraudulent-transfer defense
Responding to a trustee's or debtor's demand to return payments or property received before the filing, including the ordinary-course, new-value, and contemporaneous-exchange defenses.
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Stay-relief and stay-violation motions
Contested motions for relief from the automatic stay, and motions alleging that a creditor acted in violation of the stay after the case was filed.
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Claim disputes
Objections to proofs of claim, disputes over the amount, priority, or security of a claim, and the hearings that decide them.
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Local counsel for out-of-state firms
Appearing and filing in the Arkansas and New Mexico bankruptcy courts for firms that need admitted local counsel under the court's local rules.
Admissions relevant to this work
- United States District and Bankruptcy Courts for the Eastern District of Arkansas, the Western District of Arkansas, and the District of New Mexico
- United States Court of Appeals for the Eighth Circuit, which hears appeals from the Arkansas courts
- Supreme Court of Arkansas and Supreme Court of New Mexico, for state-court matters connected to a bankruptcy case
The full list of admissions is on Asa King's biography.
What to have ready for the review call
- The names of all parties, so the conflicts check can be completed first.
- The court, case number, chapter, and the judge if one is assigned.
- The procedural posture: what has been filed, what is pending, and whether a hearing or trial is set.
- Every deadline you know of: answer dates, objection deadlines, bar dates, and hearing dates.
- The key documents: the complaint or motion, the demand letter, the proof of claim, the plan, or the order at issue.
- The outcome you are looking for, and any timing or budget constraints.
Please do not send documents until our office asks for them. The conflicts check comes first, and the review call is where the documents are discussed.
Submitting an inquiry does not protect a response date, an objection deadline, or a hearing date. If a deadline is close, say so in the form and call (870) 212-4700.
Conflicts
This office represents individual debtors as well as creditors, so every litigation inquiry is screened for conflicts before the matter is discussed in detail. Our office will ask for the names of the parties first. If a conflict exists, you will be told promptly so you can seek other counsel without losing time. Any engagement, including its scope and fees, is confirmed in a written agreement; fees for litigation are quoted after the review call, hourly or flat depending on the matter.