PRACTICE AREAS


Ken Pasquale has a diverse bankruptcy and litigation practice where he frequently represents institutional creditors in reorganization proceedings, including with respect to fraudulent transfer and other bankruptcy claims. One of Mr. Pasquale's strengths is the creation and execution of effective litigation strategies that often have a decisive impact on the overall restructuring. Within his years of practice, Mr. Pasquale has also represented pharmaceutical, medical product, motor vehicle and welding product manufacturers in product liability actions, which experience has proven invaluable in many of his creditor representations. Mr. Pasquale is a frequent author and lecturer on bankruptcy litigation and related topics.

REPRESENTATIVE MATTERS

Mr. Pasquale's recent matters include the following:
 
  • Adelphia Communications Corp. (avoidance action bank defendant)
  • American Oriental Bioengineering (bondholders)
  • Avaya, Inc. (ad hoc committee of bondholders)
  • Caesars Entertainment Operating Company, Inc. (bank lenders)
  • Indianapolis Downs LLC (secured creditor)
  • K-V Pharmaceutical Company (official creditors’ committee)
  • Lehman Brothers Holding Inc. (creditor)
  • LightSquared Inc. (creditor/investor)
  • Owens Corning (ad hoc committee of noteholders)
  • Sonic Blue (noteholders)
  • St. Vincent’s Catholic Medical Centers (avoidance action defendants)
  • Transmar Commodity Group, Ltd. (agent for secured lenders)
  • Tropicana Entertainment (official creditors’ committee)
  • Trump Entertainment Resorts (debtors)
  • U.S. Gypsum Corp. (official creditors’ committee)
  • W.R. Grace (official creditors’ committee)

HONORS & AWARDS

Mr. Pasquale was recently described as "smart, pragmatic and even-keeled" in The Legal 500, which recognized him as a leading lawyer in the area of bankruptcy.

He has also been listed in Best Lawyers for his work in Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law and has repeatedly been named to Super Lawyers.

MEMBERSHIPS

  • Member, Board of Directors, Justice in Motion
  • Co-Chair, Ethics & Professional Compensation Committee, American Bankruptcy Institute
  • Faculty, ABI/TMA Litigation Skills Symposium
  • Member, Steering Committee, Barry L. Zaretsky Bankruptcy Roundtable, Brooklyn Law School

PUBLICATIONS

  • Co-author, "Playing for Keeps: The Treatment of Prepetition Security Interests in Property Recovered Through Bankruptcy Avoidance Actions," Norton Annual Survey of Bankruptcy Law, 2017
  • Co-author, "Impairment of Pension Plans in Chapter 9 Reorganizations: The City of Stockton Confirmation Decision," Norton Annual Survey of Bankruptcy Law, 2016
  • Co-author, "A Practitioner's Guide to Liquidation and Litigation Trusts," American Bankruptcy Institute, 2015
  • Co-author, "The Rejection and Modification of Collective Bargaining Agreements Pursuant to Bankruptcy Code Section 1113," Norton Annual Survey of Bankruptcy Law, 2015
  • Contributing author, Business and Commercial Litigation in Federal Courts, Fourth Edition; Chapter 56: Bankruptcy Code Impact on Civil Litigation in the Federal Courts
  • "A Gasket Bursts: District Court Rejects Sealing of Court Records," American Bankruptcy Institute Journal, October 2014
  • Co-author, "What Conduct Is Required To Designate Votes Pursuant to Bankruptcy Code Section 1126(e)?" Norton Annual Survey, 2014
  • Co-author, "The Preemption of Contractual Anti-Assignment Provisions in Bankruptcy: A Survey of Cases from FCX to Federal-Mogul," Norton Annual Survey, 2013

ADMITTED TO PRACTICE

New York, 1990; New Jersey, 1990

U.S. District Court, Southern District of New York; U.S. District Court, Eastern District of New York; U.S. District Court, District of New Jersey; U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Eleventh Circuit; U.S. Supreme Court


EDUCATION

J.D., cum laude, Brooklyn Law School, 1990; Brooklyn Law Review; Moot Court Honor Society

B.B.A., magna cum laude, Pace University, 1986

 

PUBLICATIONS

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