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.
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)
- 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)
- 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
- 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
- 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
- Contributing author, Business and Commercial Litigation in Federal Courts, Fourth Edition; Chapter 56: Bankruptcy Code Impact on Civil Litigation in the Federal Courts
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
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
67 Stroock Attorneys Recognized as 2019 ‘Super Lawyers,’ ‘Rising Stars’
September 13, 2019View All News
NewsBack To Full Bio
September 13, 2019 | Press Release
67 Stroock Attorneys Recognized as 2019 ‘Super Lawyers,’ ‘Rising Stars’
August 15, 2019 | Best Lawyers
47 Stroock Lawyers Named to Best Lawyers in America for 2020
October 10, 2018
Benchmark Litigation Recognizes Stroock Lawyers and Litigation Department in its 2019 Guide
August 15, 2017
47 Stroock Partners and Counsel Named to Best Lawyers in America for 2018
December 15, 2016 | Law360
Kristopher M. Hansen mentioned and Kenneth Pasquale quoted in “Creditor Dispute Could Delay Caesars Reorganization”
December 15, 2016 | Wall Street Journal
Kristopher M. Hansen and Kenneth Pasquale quoted in "Caesars Lenders Threaten to Yank Support for $18 Billion Restructuring"
August 15, 2016
47 Stroock Partners and Counsel Named to Best Lawyers in America for 2017
July 12, 2016 | Reuters Legal
Kenneth Pasquale quoted in "Bus driver wage case tossed against holding company shareholders"
November 20, 2015 | The New York Times
Stroock Featured in The New York Times "Best Lawyers" 2016 New York City Supplement
August 17, 2015
45 Stroock Partners and Counsel Named to Best Lawyers in America for 2016
June 23, 2015 | Financier Worldwide
Kenneth Pasquale quoted in "Bankruptcy Litigation"
August 18, 2014
35 Stroock Partners and Counsel Named to Best Lawyers for 2015
July 2, 2014
U.S. District Court Approves Settlement; Individuals With Mental Illness To Live In Community-Based Residences With Support
PublicationsBack To Full Bio
A Guide to the Bankruptcy Law of the United States
December 17, 2018 | Stroock Special Bulletin
District Court Affirms Momentive Ruling on Intercreditor Dispute
June 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?”
“The Rejection and Modification of Collective Bargaining Agreements Pursuant to Bankruptcy Code Section 1113”
July 2015 | Financier Worldwide
"Roundtable: Bankruptcy & Restructuring"
"A Gasket Bursts: District Court Rejects Sealing of Court Records"
“What Conduct is Required to Designate Votes Pursuant to Bankruptcy Code Section 1126(e)?”
"The Preemption of Contractual Antiassignment Provisions in Bankruptcy: A Survey of Cases from FCX to Federal-Mogul"
September 9, 2013
"Stroock Prevails in Subordination Dispute Over Post-Petition Interest"
December 3, 2012
Circus & Eldorado Joint Venture: Court Rules on “Bad Faith” for Vote Designation
May 29, 2012
"Supreme Court Affirms Secured Creditors’ Right to Credit Bid in a Plan Sale"
December 7, 2011
"Amended Bankruptcy Rule 2019 Goes into Effect"
"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
"Seventh Circuit Court of Appeals Affirms Secured Creditor’s Right to Credit Bid in a Plan Sale"
June 30, 2011
ABN 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 Court
"Pacific Lumber and the Doctrine of Equitable Mootness"
"Citadel Broadcasting: Gatekeeping Expert Testimony in Bankruptcy Court"
June 23, 2010
"Potential Implications of a BP Bankruptcy Filing"
June 8, 2009
Expert Witness Issues in the Delaware Bankruptcy Court: The Teleglobe Decision Proceedings
“Hexion v. Huntsman Corp.: Can Insolvency Justify Buyer’s Remorse?”
“Combustion Engineering and the Interpretation of Section 524(g)”
April 1, 2006
"Armstrong World Industries: Absolute Priority Rule Is More than FAIR"
February 1, 2005
"Combustion Engineering: Setting Limits on Pre-packaged Asbestos Bankruptcies"
June 3, 2004
"Combustion Engineering: Can a Pre-Packaged Bankruptcy Plan Satisfy § 524(g)?"
EventsBack To Service
December 2-3, 2019
PLI's Nuts and Bolts of Corporate Bankruptcy 2019
April 11-14, 2019
American Bankruptcy Institute's Annual Spring Meeting
December 17, 2018
PLI’s Nuts and Bolts of Corporate Bankruptcy 2018
December 18-19, 2017
PLI's Nuts and Bolts of Corporate Bankruptcy 2017
October 26-27, 2017
ABI's 37th Annual Midwestern Bankruptcy Institute
December 3-5, 2015
American Bankruptcy Institute’s Winter Leadership Conference
May 16, 2013
15th Annual New York City Bankruptcy Conference
October 3-4, 2011
The Distressed Debt Conference 2011
October 6, 2010
Asbestos Bankruptcy Current Trends and Future Outlook Conference
October 10-13, 2007
National Conference of Bankruptcy Judges NCBJ 81st Annual Conference
Thursday, June 8 - Friday, June 9, 2006
Asbestos Bankruptcy Conference
Monday, December 5, 2005
Mealey's Asbestos Bankruptcy Conference
Monday, May 9, 2005
American Bankruptcy Institute -Conference on - 7th Annual New York City Bankruptcy Conference
May 19, 2004
Financial Restructuring Seminar