Ken Pasquale maintains a diverse bankruptcy and litigation practice, focused upon representing institutional creditors in reorganization proceedings and complex litigation matters. One of Ken’s strengths is the creation and execution of effective litigation strategies that have a decisive impact on the overall restructuring. He has led litigation teams in a variety of high-profile bankruptcy matters, recently including Caesars and Avaya. Ken often evaluates pending or prospective litigation for clients considering investment opportunities.
Ken has also represented pharmaceutical, medical product, motor vehicle and welding-product manufacturers in product liability actions, experience that has proven invaluable in many of his creditor representations. He is a frequent author and lecturer on bankruptcy litigation and related topics.
Ken’s pro bono service includes the representation of tenants in a rent-controlled building whose landlord filed for bankruptcy to avoid liability and sanctions for permitting dangerous building code violations to exist in the building. Ken secured an order removing the landlord from control of the building and appointment of a trustee to make the necessary repairs.
- Adelphia Communications Corp. (avoidance action bank defendant)
- Appvion, Inc. (ad hoc committee of bondholders)
- Avaya, Inc. (ad hoc committee of bondholders)
- Caesars Entertainment Operating Company, Inc. (ad hoc group of first lien lenders)
- Cenveo, Inc. (ad hoc committee of bondholders)
- Indianapolis Downs LLC (secured creditor)
- ITT Educational Services, Inc. (senior creditors)
- K-V Pharmaceutical Company (official creditors’ committee)
- LightSquared Inc. (secured creditor)
- 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)
- Best Lawyers, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
- The Legal 500 described Ken as “smart, pragmatic and even-keeled” and listed him as a leading lawyer in the area of bankruptcy
- Chair of Governance Committee, Board of Directors, Justice in Motion
- Co-Chair, Ethics & Professional Compensation Committee, American Bankruptcy Institute, April 2015 – April 2018
- Co-Chair, Bankruptcy Litigation Committee, American Bankruptcy Institute, April 2013 – April 2015
- Faculty, ABI Litigation Skills Symposium
- Member, Steering Committee, Barry L. Zaretsky Bankruptcy Roundtable, Brooklyn Law School
- Co-author, “District Court Affirms Momentive Ruling on Intercreditor Dispute,” Stroock Special Bulletin, December 17, 2018
- Co-author, “What to Make of the ‘Make-Whole’ Circuit Split: The Enforceability of Make-Whole Provisions in Bankruptcy After Momentive and EFH,” Norton Annual Survey of Bankruptcy Law, 2018
- Co-author, “A Guide to the Bankruptcy Law of the United States,” Stroock & Stroock & Lavan LLP, 2010, updated 2016, updated 2018
- Co-author, “What Constitutes a Transfer of ‘All or Substantially All’ of a Borrower’s Assets for Purposes of Indentures and Credit Agreements?” New York Law Journal, June 8, 2018
- 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
New York; New Jersey
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
J.D., cum laude, Brooklyn Law School, 1990; Brooklyn Law Review; Moot Court Honor Society
B.B.A., magna cum laude, Pace University, 1986
In The Spotlight
October 10, 2018|Press ReleaseBenchmark Litigation Recognizes Stroock Lawyers and Litigation Department in its 2019 Guide
August 15, 2017|Press Release47 Stroock Partners and Counsel Named to Best Lawyers in America for 2018
December 15, 2016| Law360Kristopher M. Hansen mentioned and Kenneth Pasquale quoted in “Creditor Dispute Could Delay Caesars Reorganization”
December 15, 2016| Wall Street JournalKristopher M. Hansen and Kenneth Pasquale quoted in "Caesars Lenders Threaten to Yank Support for $18 Billion Restructuring"
August 15, 2016 |Press Release47 Stroock Partners and Counsel Named to Best Lawyers in America for 2017
July 12, 2016| Reuters LegalKenneth Pasquale quoted in "Bus driver wage case tossed against holding company shareholders"
November 20, 2015| The New York TimesStroock Featured in The New York Times "Best Lawyers" 2016 New York City Supplement
August 17, 201545 Stroock Partners and Counsel Named to Best Lawyers in America for 2016
June 23, 2015|Financier Worldwide magazineKenneth Pasquale quoted in "Bankruptcy Litigation"
August 18, 201435 Stroock Partners and Counsel Named to Best Lawyers for 2015
Stroock & Stroock & Lavan LLP, a national law firm with offices in New York, Los Angeles, Miami, and Washington, DC announced that 35 attorneys across 25 practice areas have been selected by their peers for inclusion in the 2015 edition of The Best Lawyers in America® ("Best Lawyers®").
Click here to read the full press release.
July 2, 2014U.S. District Court Approves Settlement; Individuals With Mental Illness To Live In Community-Based Residences With Support
December 17, 2018|Stroock Special BulletinDistrict Court Affirms Momentive Ruling on Intercreditor DisputeSeptember 2018A Guide to the Bankruptcy Law of the United StatesJune 8, 2018|New York Law Journal“What Constitutes a Transfer of “All or Substantially All” of a Borrower’s Assets for Purposes of Indentures and Credit Agreements?”2015|Norton Annual Survey of Bankruptcy Law, 2015 Edition“The Rejection and Modification of Collective Bargaining Agreements Pursuant to Bankruptcy Code Section 1113”July 2015|Financier Worldwide"Roundtable: Bankruptcy & Restructuring"October 2014|American Bankruptcy Institute Journal"A Gasket Bursts: District Court Rejects Sealing of Court Records"2014 Edition|Norton Annual Survey of Bankruptcy Law“What Conduct is Required to Designate Votes Pursuant to Bankruptcy Code Section 1126(e)?”2013|Norton Annual Survey of Bankruptcy Law, 2013 Edition"The Preemption of Contractual Antiassignment Provisions in Bankruptcy: A Survey of Cases from FCX to Federal-Mogul"September 9, 2013|Stroock Special Bulletin"Stroock Prevails in Subordination Dispute Over Post-Petition Interest"December 3, 2012|New York Law JournalCircus & Eldorado Joint Venture: Court Rules on “Bad Faith” for Vote DesignationMay 29, 2012|Stroock Special Bulletin"Supreme Court Affirms Secured Creditors’ Right to Credit Bid in a Plan Sale"December 7, 2011|Stroock Special Bulletin"Amended Bankruptcy Rule 2019 Goes into Effect"October 2011|Pratt's Journal of Bankruptcy Law"ABN Amro Bank NV v. MBIA Inc. — New York Court of Appeals Allows Policy Holders’ Fraudulent Conveyance and Common Law Claims Against MBIA to Continue in State Court"July 5, 2011|Stroock Special Bulletin"Seventh Circuit Court of Appeals Affirms Secured Creditor’s Right to Credit Bid in a Plan Sale"June 30, 2011|Stroock Special BulletinABN Amro Bank NV v. MBIA Inc. – NY Court of Appeals Allows Policy Holders’ Fraudulent Conveyance and Common Law Claims Against MBIA to Continue In State Court2010|2010 Norton Annual Survey of Bankruptcy Law"Pacific Lumber and the Doctrine of Equitable Mootness"October 2010|ABI Committee News: Bankruptcy Litigation Committee"Citadel Broadcasting: Gatekeeping Expert Testimony in Bankruptcy Court"September 2010|Pratt's Journal of Bankruptcy Law"Potential Implications of a BP Bankruptcy Filing"June 23, 2010|Stroock Special Bulletin"Potential Implications of a BP Bankruptcy Filing"June 8, 2009|Bloomberg Law Reports – Litigation Vol. 2, No. 18Expert Witness Issues in the Delaware Bankruptcy Court: The Teleglobe Decision ProceedingsDecember/January 2009|ABI Journal“Hexion v. Huntsman Corp.: Can Insolvency Justify Buyer’s Remorse?”April 2007|Norton Annual Survey of Bankruptcy Law“Combustion Engineering and the Interpretation of Section 524(g)”April 2006|ABI Journal"Armstrong World Industries: Absolute Priority Rule Is More than FAIR"February 1, 2005|American Bankruptcy Institute Journal"Combustion Engineering: Setting Limits on Pre-packaged Asbestos Bankruptcies"June 2004|American Bankruptcy Institute Journal