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Ken Pasquale is a partner in the Financial Restructuring Group, and serves as a co-leader of its “Impact Litigation” Business Unit. Ken 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 devotes significant time towards pro bono activities through Stroock’s Public Interest Project. He is also a member of the board of directors of Justice in Motion, a not-for-profit organization that seeks to protect migrant rights by ensuring justice across borders.

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)
  • EP Energy (official creditors’ committee)
  • Extraction Oil & Gas (official creditors’ committee)
  • Indianapolis Downs LLC (secured creditor)
  • ITT Educational Services, Inc. (senior creditors)
  • JC Penney (ad hoc committee of noteholders)
  • K-V Pharmaceutical Company (official creditors’ committee)
  • LightSquared Inc. (secured creditor)
  • Owens Corning (ad hoc committee of noteholders)
  • PG&E Corp. (agent bank)
  • Puerto Rico (certain labor unions)
  • Sonic Blue (noteholders)
  • St. Vincent Catholic Medical Centers (avoidance action defendants)
  • Transmar Commodity Group, Ltd. (agent for secured lenders)
  • Tropicana Entertainment (official creditors’ committee)
  • Trump Entertainment Resorts (debtors)
  • Ultra Petroleum (ad hoc committee of lenders)
  • 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

Speeches & Events

  • Speaker, “Changes in Latitude, Changes in Attitude,” American Bankruptcy Institute Annual Spring Meeting, April 11-14, 2019
  • Speaker, “Nuts and Bolts of Corporate Bankruptcy: Basic Ethical Considerations in Bankruptcy,” Practicing Law Institute, 2017-2019

Publications

  • Co-Author, “What ‘Interests’ in Property May Be Subject to a Free and Clear Sale Order?”, Norton Annual Survey of Bankruptcy Law, 2020
  • Co-Author, “Treatment of Letters of Credit in Bankruptcy: A Primer,” Norton Annual Survey of Bankruptcy Law, 2019
  • 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, 2018, 2019
  • 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

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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