Overview
Kenneth Pasquale is a partner in the Financial Restructuring group with Paul Hastings and is based in the firm’s New York office. 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, including FTX and TPC Group. 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. He is currently the President 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.
Recognitions
- Benchmark Litigation, Litigation Star
- 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
- The M&A Advisor, 2021 Energy Deal of the Year (over $1B) for EP Energy
Education
- Brooklyn Law School, J.D., cum laude, 1990; Brooklyn Law Review; Moot Court Honor Society
- Pace University, B.B.A., magna cum laude, 1986
Representations
- Adelphia Communications Corp. (avoidance action bank defendant)
- Appvion, Inc. (ad hoc committee of bondholders)
- Avaya, Inc. (ad hoc committee of bondholders)
- Brazos (contract counterparty)
- 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)
- Fieldwood Energy (official creditors’ committee)
- FTX (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)
- TPC Group (ad hoc group of secured lenders)
- 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)
news
Engagement & Publications
- 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, “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, “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, “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
Involvement
- President, Board of Directors, Justice in Motion, December 2023 – Present
- Chair of Governance Committee, Board of Directors, Justice in Motion – January 2018-December 2023
- 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