Kenneth PasqualePartner

Headshot image for Kenneth Pasquale

Offices


Services

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.


Representative Matters

Ken’s recent matters include the following:
  • 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)

Honors & Awards

  • 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

Memberships

  • 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

Publications

  • 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

Admitted To Practice

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


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


 
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Publications