Kenneth Pasquale

June 08, 2018 | New York Law Journal

As the credit markets have slowly tightened and borrowers look for creative solutions to delever and refinance their balance sheets outside of bankruptcy, it is important to keep in mind that a transfer that is otherwise allowed under a borrower's debt documents may still be attacked if there are indicia that the transfer is for “all or substantially all” of the borrower's assets.

By Kenneth Pasquale and Isaac Sasson

1 minute read

December 03, 2012 | New York Law Journal

Stroock & Stroock & Lavan's Jayme T. Goldstein, Kenneth Pasquale and Jonathan Canfield write: Given the severe implications of such extraordinary relief, courts have almost universally recognized that depriving creditors of the right to vote on a plan of reorganization is a drastic remedy. A recent ruling by the U.S. Bankruptcy Court for the District of Nevada is just the latest in a series of decisions in which a court found that, given the facts and circumstances it was confronted with, designation was nevertheless warranted.

By Jayme T. Goldstein, Kenneth Pasquale and Jonathan Canfield

16 minute read