Ken Pasquale has a diverse bankruptcy and litigation practice where he frequently represents institutional creditors in reorganization proceedings. One of Mr. Pasquale's strengths is the creation and execution of effective litigation strategies that often have a decisive impact on the overall restructuring. Mr. Pasquale's representative matters include: the representation of one of the single largest creditors of Enron in its individual capacity and as a member of Enron's official creditors' committee; the management of the bondholder litigation strategy of the Chapter 11 case of SonicBlue; the representation of bondholders in Dana Corp.'s Chapter 11 case; the successful defense of large avoidance action claims brought on behalf of Asia Global Crossing; the representation of the Epic Resorts Chapter 11 Trustee in all phases of its Chapter 11 case; defendants in large fraudulent transfer and other avoidance actions in the Pacific Crossing proceeding; the official committees of unsecured creditors in W.R. Grace and U.S. Gypsum; and an ad hoc committee of noteholders in driving Owens Corning's exit from Chapter 11 through the structuring of a rights offering and the settlement of significant claims.

Within his years of practice, Mr. Pasquale also has represented pharmaceutical, medical product, motor vehicle and welding product manufacturers in product liability actions, and frequently advises clients with respect to asbestos issues. Mr. Pasquale's product liability experience has proven invaluable in his creditor representations as well, as was the case in each of the W.R. Grace, U.S. Gypsum and Owens Corning cases.

Among his other representations, Mr. Pasquale has:

Represented leading private equity firm at confirmation trial opposing debtor racing track’s plan of reorganization, resulting in settlement by which client became a significant investor in the reorganized facility;

In a case of first impression in New York, successfully obtained a dismissal of a putative nationwide class action brought by a Chapter 7 debtor, on the ground that the Bankruptcy Court did not have subject matter jurisdiction because the absent class members were not debtors before that court and their claims did not involve property of the named-plaintiff’s bankruptcy estate.

Obtained reversal on appeal, and affirmance by the Eleventh Circuit Court of Appeals, of trial court rulings concerning standing of a purported servicing agent to file a proof of claim for its principal in a bankruptcy case.

Obtained dismissal of claims brought under the Fair Debt Collection Practices Act on the ground that the bankruptcy laws provided the exclusive remedy for alleged misrepresentations in the proof of claim.

Ensured right of debtor hospital’s management to implement vital cost-saving measures after obtaining dismissal following trial of a claim for injunctive relief asserted by the hospital’s employees’ union.

Memberships

American Bankruptcy Institute; Section on Litigation, American Bar Association

Activities

Speaker, Mealey's Asbestos Bankruptcy Conferences

Speaker, ABI New York City Bankruptcy Conference

Author, Hexion v. Huntsman Corp.: Can Insolvency Justify Buyer’s Remorse?, ABI Journal, December 2008/January 2009

Co-author, Combustion Engineering and the Interpretation of Section 524(g), Norton Annual Survey of Bankruptcy Law, April 2007

Author, "Armstrong World Industries: The Absolute Priority Rule Is More Than 'FAIR'," ABI Journal, April 2006

Author, Determining Debtors’ Class Actions, New York Law Journal (Bankruptcy Section), November 19, 2001

Author, Class Action Settlements of Asbestos Litigation: A Viable Option after Ortiz v. Fibreboard? Mondaq Business Briefing, July 1999

Former Adjunct Professor, Legal Writing, Cardozo Law School

Admitted to Practice

New York; New Jersey; U.S. Court of Appeals, Eleventh Circuit; U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Third Circuit; U.S. District Court, Southern and Eastern Districts of New York; U.S. District Court, District of New Jersey

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