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Wilmington Office
919 N. Market Street - Suite 1000
Wilmington
DE 19801-3062
302.552.5511 phone302.426.9193 faxdpacitti@klehr.com
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Domenic E. Pacitti

Partner | Bankruptcy/Corporate Restructuring

Biography

Domenic Pacitti concentrates his practice on bankruptcy, restructuring and workouts, representing debtors, creditors’ committees, secured creditors, unsecured creditors and acquirers of distressed assets and companies.  He advises officers and directors of companies involved in financial restructurings on corporate governance and fiduciary duties.

Mr. Pacitti was named one of “America’s Leading Lawyers in Bankruptcy” by Chambers USA, America’s Leading Lawyers For Business, The Client’s Guide 2006 through the present.

Mr. Pacitti has been named to The 2018 Best Lawyers in America.©   In addition, Mr. Pacitti was named a Delaware Super Lawyer® in 2012 by a vote of his peers.

 

Pacitti, Domenic E

Credentials

Education

University of Richmond School of Law, J.D. (1987)

Lycoming College, B.A. (1984)


Admissions

Delaware

Pennsylvania

New Jersey


Memberships

Member,  Consumer Bankruptcy Assistance Project, E.D. Pa.

Member,  Delaware Bankruptcy Inns of Court

Member,  American Bankruptcy Institute

Member,  Turnaround Management Association


Clerkships

1987-1988 Law Clerk to Honorable Rosemary Gambardella, United States Bankruptcy Court, District of New Jersey

Publications

Presentations

Speaker, New York Institute of Credit
Speaker, Mealey’s Asbestos Conference
Speaker, Honorable William H. Gindin Bankruptcy Bench Bar Conference
Speaker, Institute of Management Accountants
Speaker, American Bankruptcy Institute Midwest Conference
Speaker, American Bankruptcy Institute Delaware Views from the Bench Conference
Speaker, Turnaround Management Association Mid-Atlantic Conference
Speaker, National Conference of Bankruptcy Judges
 


Representative Engagements as Lead Counsel:

Debtor/Company Representations

  • Crown Books Corporation – Lead Counsel to the Debtors in the chapter 11 cases of a leading discount retailer of books, book-related products, and non-book products and one of the largest chain book store retailers in the United States based in Largo, Maryland. (Wilmington, Delaware)
  • DuraFiber Technologies, Inc. – Lead Counsel to the Debtors in the chapter 7 cases of an industry-leading vertical manufacturer and supplier of branded high-strength polyester, nylon, and specialty synthetic fibers with six manufacturing facilities across North America and Europe (Wilmington, Delaware)
  • Drug Fair Group, Inc. - Lead Counsel to the Debtors in the chapter 11 cases of the largest regional drug store chain focused primarily on the northern and central New Jersey market operating a 46 store chain of traditional drugstores and a 12 store chain of general merchandise stores under the name “Cost Cutters”. (Wilmington, Delaware)
  • Edgenet, Inc. – Lead Counsel to the Debtor in chapter 11 case of a provider of cloud based content, applications and services. (Wilmington, Delaware)
  • Edwin Watts Golf Shops LLC – Lead Counsel to Debtor in chapter 11 cases of one of the world's premier specialty golf retailers with a commanding presence in the Southeast United States, that operate as an integrated, multi-channel retailer, offering the most-recent assortment of brand name golf equipment, apparel and accessories through its 91 domestic retail locations, 3 pro shops, and e-commerce Internet site, telephone/catalog/direct mail sales and digital catalog. (Wilmington, Delaware)
  • iMarketing Solutions Group, Inc. – Lead Counsel to Debtor in chapter 15 cases of an international telemarketing and fundraising company. (Wilmington, Delaware)
  • e.spire Communications, Inc., et al – Lead Counsel to the Debtors in the chapter 11 cases of leading facilities-based integrated communications provider, offering traditional local and long distance and dedicated internet access in 28 markets throughout the United States based in Herndon, Virginia. (Wilmington, Delaware)
  • Jevic Transportation, Inc. - Lead Counsel to the Debtors in the chapter 11 cases of a hybrid less-than-truckload and truckload carrier providing regional and inter-regional time definite delivery across the United States and parts of Canada headquartered in Delanco, New Jersey. (Wilmington, Delaware)
  • Kellstrom Industries, Inc. – Lead Counsel to the Debtors in the chapter 11 cases of leading aviation inventory management and parts supplier based in Miramar, Florida. (Wilmington, Delaware)
  • Life Uniform Company, Inc. – Lead Counsel to Debtors in chapter 11 cases of the largest independently owned medical professional supplier operating over 150 retail stores (Wilmington, Delaware)
  • Limited Stores, Inc. – Lead Counsel to Debtors in chapter 11 cases of the largest multi-channel women’s apparel retailer that had operated over 250 retail stores. (Wilmington, Delaware)
  • Monet Group, Inc., et al – Lead Counsel to the Debtors in the chapter 11 cases of leading designers and marketers of high quality fashion jewelry based in Providence, Rhode Island. (Wilmington, Delaware)
  • Owens Corning - Counsel to the Debtor in the chapter 11 case of a world leader in building material systems facing asbestos liability based in Toledo, Ohio. (Wilmington, Delaware)
  • Starter Corporation, et al. – Lead Counsel to the Debtors in the chapter 11 cases of leading designers and marketers of quality apparel associated with sports, leisure and entertainment, and premier licensees of apparel bearing the names, logos and insignias of major sports teams and leagues based in New Haven, Connecticut. (Wilmington, Delaware)
  • Tactical Intermediate Holdings and Massif Mountain Gear Company LLC – Lead Counsel to Debtor in chapter 11 cases of a manufacturer of combat boots, primarily for the U.S. military as well as commercial uniform and work boots for a variety of customers and manufacturer of flame resistant fabric and apparel for the U.S. military.
 
Creditor/Official Committee Representations

  • Delaware Valley Medical Center – Lead Counsel to unsecured creditors committee to an osteopathic teaching hospital in Langhorne, Pennsylvania, that provided acute and emergency medical, surgical and psychiatric services and programs, and hospital based skilled nursing services. (Philadelphia, Pennsylvania)
  • Consolidated Stainless, Inc. – Lead Counsel to secured creditor/DIP lender to stainless steel pipe and tube manufacturer and distributor. (Wilmington, Delaware)
  • Hawaii Superferry – Counsel to creditor Austal USA, LLC in litigation over security interests in and abandonment of spare engine and parts of the operator of a high speed passenger and vehicle ferry service in the Hawaiian islands. (Wilmington, Delaware)
  • Maxxim Medical, Inc. – Special Litigation Counsel to the plan administrator in the chapter 11 case of a medical equipment supplier. (Wilmington, Delaware)
  • Penn Specialty Chemicals, Inc. – Lead Counsel to unsecured creditors committee to a manufacturer and marketer of specialty chemicals, including polytetramethylene ether glycol, tetrahydrofuran, and furfural and furan based fine chemicals and solvents based in Conshohocken, Pennsylvania. (Wilmington, Delaware)
  • United Gilsonite Technologies – Lead Counsel to shareholders in the chapter 11 case of a manufacturer of wood and masonry finishing products and paint sundries. Headquartered in Scranton, Pennsylvania with manufacturing facilities in Illinois, Mississippi, Nevada and Pennsylvania. (Wilkes-Barre, Pennsylvania)
  • Werner Holdings – Litigation Counsel to the unsecured creditors committee of the world’s leading supplier of ladders and climbing equipment based in Greenville, Pennsylvania (Wilmington, Delaware)
 
Representative Engagements as Delaware Counsel/Co-Counsel:

Debtor/Company Representations

  • Appleseeds Intermediate Holdings LLC – Co-Counsel to the Debtors in the chapter 11 cases of a leading, multi-channel marketer of apparel and home products focused on serving the needs of the rapidly growing market segment of women and men above the age of 55 headquartered in Beverly, Massachusetts. (Wilmington, Delaware)
  • Atrium Corporation – Co-Counsel to the Debtors in the chapter 11 cases of one of the largest manufacturers and distributors of residential windows and patio doors in the United States headquartered in Dallas, Texas. (Wilmington, Delaware)
  • Charming Charlie Holdings, Inc. - Co-Counsel to the Debtors in chapter 11 cases of leading specialty retailer focused on colorful fashion jewelry, handbags, apparel, gifts, and beauty products with over 390 retail locations. (Wilmington, Delaware)
  • Conexant Systems - Co-Counsel to the Debtors in chapter 11 cases of Represented Conexant Systems, the fabless semiconductor company with a portfolio of innovative semiconductor solutions included in products for imaging, audio, embedded modem and video surveillance applications, in its successful and fully consensual Chapter 11 case that was completed in just 96 days. (Wilmington, Delaware)
  • Muzak Holdings LLC – Co-Counsel to the Debtors in the chapter 11 cases of a leading provider of business media services in the United States for companies seeking to promote their image, enhance their brand, and attract particular types of customers based in Fort Mill, South Carolina. (Wilmington, Delaware)
  • North American Petroleum Corporation USA – Co-Counsel to the Debtors in the chapter 11 cases of an independent exploration and production company predominantly engaged in unconventional well drilling operations for oil and natural gas extraction in certain locations in Oklahoma. (Wilmington, Delaware)
  • Petroflow Energy, Ltd. - Co-Counsel to Debtor and its U.S. subsidiaries as an independent oil and gas drilling, exploration and production company, in in their Chapter 11 reorganization. (Wilmington, Delaware)
  • Physiotherapy Associates LLP – Co-Counsel to Debtors in Chapter 11 cases of a leading provider of outpatient rehabilitation services and the largest provider of outpatient physical therapy services in the United States, in its prepackaged Chapter 11 cases. (Wilmington, Delaware)
  • Revel AC, Inc. – Co-Counsel to Debtor in the prepackaged Chapter 11 reorganization proceedings of a state of the art hotel and gaming facility in Atlantic City resulting in a confirmation of a plan of reorganization within three months of filing. (Camden, New Jersey)
  • Samson Resources Corporation – Co-Counsel to Debtors in Chapter 11 cases of a independent oil and gas company focused on the exploration, development, and production of natural gas and oil through its ownership interests in approximately 1.5 million net acres located in Oklahoma, Texas, North Dakota and Louisiana (Wilmington, Delaware)
  • TMP Directional Marketing, Inc. – Co-Counsel to Debtor in a chapter 11 case of a strategic marketing agency focusing on print yellow pages advertising for large, multi-state companies. (Wilmington, Delaware)

Creditor/Official Committee Representations

  • American Apparel Inc. – Co-Counsel to the Official Committee of Unsecured Creditors of one of the largest U.S. apparel manufacturers with a vertically-integrated retail and wholesale component. (Wilmington, Delaware)
  • Claim Jumpers – Co-Counsel to the Official Committee of Unsecured Creditors of chain of 45 western-style family restaurants. (Wilmington, Delaware)
  • Coldwater Creek - Co-Counsel for affiliates of Golden Gate Capital in connection with the Chapter 11 case of Coldwater Creek, the American women's clothing and accessories retailer. (Wilmington, Delaware)
  • Colt Holding – Co-Counsel to the Official Committee of Unsecured Creditors of one of the world’s oldest and most renowned designers, developers, and manufacturers of firearms for military, law enforcement, personal defense, and recreational purposes. (Wilmington, Delaware)
  • Emerald Oil - Counsel to equipment provider to an independent exploration and production company focused on developing oil and gas wells in the Williston Basin of North Dakota and Montana. (Wilmington, Delaware)
  • First Place Financial Corporation – Co-Counsel to The Official Committees of Trust Preferred Securities Holders in the Chapter 11 Cases involving the disposition of their bank subsidiaries. (Wilmington, Delaware)
  • Hancock Fabrics – Co-Counsel to the Official Committee of Unsecured Creditors in the Chapter 11 Cases involving one of the largest fabric retailers in the United States operating 263 stores. (Wilmington, Delaware)
  • Hussey Cooper – Co-Counsel to the Official Committee of Unsecured Creditors of a leading copper fabricator and distributor. (Wilmington, Delaware)
  • Magic Brands – Co-Counsel to the Official Committee of Unsecured Creditors of a national operator and franchisor of 98 fast casual dining establishments under the under the trademarks of Fuddrucker and Koo Koo Roo. (Wilmington, Delaware)
  • Mercantile Bancorp, Inc. – Co-Counsel to The Official Committees of Trust Preferred Securities Holders in the Chapter 11 Cases involving the disposition of their bank subsidiaries. (Wilmington, Delaware)
  • RCS Capital Corporation – Co-Counsel to the Official Committee of Unsecured Creditors of an integrated financial services company principally focused on retail investors. (Wilmington, Delaware)
  • Swift Energy - Co-Counsel to the term loan lenders in the chapter 11 case of independent oil and gas company engaged in developing, exploring, acquiring, and operating oil and gas properties with a primary focus in the Eagle Ford shale of South Texas. (Wilmington, Delaware)
  • Wet Seal – Co-Counsel to the successful purchaser of a multi-channel specialty retailer with an ecommerce business (Wilmington, Delaware)
  • USA Discounters Ltd. – Co-Counsel to the Official Committee of Unsecured Creditors of national retail chain of brand-name consumer products, including furniture, appliances, televisions, computers, smartphones, jewelry, and other consumer goods. (Wilmington, Delaware)
  • VICORP Restaurants, Inc. – Co-Counsel to the Official Committee of Unsecured Creditors of a national chain over 300 family restaurants and 3 pie manufacturers sold to restaurants and retailers. (Wilmington, Delaware)