Domenic E. Pacitti

Domenic is the co-chair of the bankruptcy and restructuring department.  He concentrates his practice on bankruptcy, restructuring and workouts, representing debtors, creditors’ committees, unsecured creditors and acquirers of distressed assets and companies. He advises officers and directors of companies involved in financial restructuring on corporate governance and fiduciary duties.

Co-author, “Supreme Court Rejects Nonconsensual Releases of Third-Parties in Bankruptcy Plans,” July 1, 2024

Profiled, “Meet The Team Guiding Retailer Express Inc. Through Ch. 11,” Law360, April 24, 2024

Co-author, “Don’t Delay, Avoid Prejudgment Interest,” March 19, 2024

Quoted, “Bankrupt Dirt Bike Co. Gets OK of $73 Million Ch. 11 Sale, DIP,” Law360, March 23, 2023

Profiled, “Meet The Attorneys For Dirt Bike Biz In Delaware Ch. 11,” Law360, January 24, 2023

Quoted, “Gold Standard Baking Gets Court OK For $20M Sale,” Law360, August 3, 2022

Presenter, “Nuts and Bolts of Section 363 Bankruptcy Sales,” accredited CLE Program, May 18, 2022

Quoted, “Furniture Factory Approved For Ch. 11 Plan With Releases,” Law360, September 16, 2021

Presenter, “The Nuts and Bolts of Chapter 11 Bankruptcy,” accredited CLE program, May 5, 2021

Mentioned, “Sushi Chain Says Ch. 11 Only Choice To Survive COVID-19,” Law360, May 12, 2020

Mentioned, “Restaurants Unlimited’s Ch. 11 Plan Disclosure Gets Approval,” January 15, 2020

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

• 1515 GEEnergy Holding Corp. (Great Eastern Energy) – Lead counsel to the debtor in the Chapter 11 cases of a provider of electricity and natural gas to commercial, industrial and residential customers in New York, Massachusetts, and New Jersey. The Debtors also provided electricity service to customers in New York, Massachusetts, New Jersey, and Connecticut (Wilmington, Delaware).
• 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 bookstore 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 who 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, three 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, FL. (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, RI (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, OH (Wilmington, Delaware)
• RUI Holding Corp. (Restaurants Unlimited) – Lead counsel to the debtor in the Chapter 11 cases of the operator of 35 fine dining and polished casual restaurants in six states and headquartered in Seattle, WA. (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, CT (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, PA, 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, PA (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, PA 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, PA (Wilmington, Delaware).

Representative Engagements as Delaware Counsel/Co-Counsel:

Debtor/Company Representations

• Acosta, Inc. — Delaware counsel in Chapter 11 prepackaged restructuring of a multinational full-service sales, marketing, and retail merchandising agency with 30,000 employees, serving 1,200 blue-chip companies across the globe, in its prepackaged restructuring of $3 billion of indebtedness. (Wilmington, Delaware)
• 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, MA (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, TX (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)
• Clover Technologies Group, LLC — Delaware counsel in connection with the Chapter 11 prepackaged restructuring of an aftermarket management services company for mobile devices carriers and computer and printer industries, which included a prepetition acquisition of an international wireless carrier for over $50 million, a $215 million sale of its “Imaging” business, and agreement to convert $650 million in indebtedness into equity and $80 million of new long-term indebtedness. (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, 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, SC (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 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 an 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 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 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 e-commerce 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 three pie manufacturers sold to restaurants and retailers (Wilmington, Delaware)