Overview
“Kevin is highly client-oriented, responsive and a master at anticipating procedural issues in Delaware.” – Benesch Client, Chambers USA
“He is level-headed, intelligent and eager to help. He collaborates effectively to find the best path forward.” – Benesch Client, Chambers USA
Kevin Capuzzi is a nationally recognized bankruptcy and litigation attorney known for his strategic insight, poise under pressure and exceptional command of Delaware’s procedural landscape. A partner in Benesch’s Restructuring & Bankruptcy and Litigation Practice Groups, Kevin represents clients across the country in complex restructurings, reorganizations and related litigation, consistently delivering creative, practical solutions in high-stakes matters.
Over his 15-year career, Kevin has advised nearly every stakeholder in the insolvency spectrum—including debtors, trustees, official committees, trade creditors, landlords, lenders and secured parties—in some of the nation’s most prominent bankruptcy proceedings. His notable engagements include representing the debtors in Reverse Mortgage Investment Trust and serving as counsel to the Official Committees of Unsecured Creditors in the Los Angeles Dodgers, Hertz and Yellow Corporation bankruptcies. He has also represented trade creditors and landlords in nearly every major retail bankruptcy of the past decade, earning a reputation for strategic thinking and meticulous attention to detail.
Beyond restructuring, Kevin regularly represents lenders, receivers and other financial institutions in high-value real estate disputes, distressed-debt litigation and loan workouts, including out-of-court restructurings and foreclosures. His balanced perspective and deep experience enable him to identify paths to resolution where others see only impasse.
Kevin’s excellence has been recognized nationally. He is a 2025 honoree of the American Bankruptcy Institute’s 40 Under 40 list and has been named to Benchmark Litigation’s 40 & Under list since 2022. He is ranked by Chambers USA for Bankruptcy/Restructuring and has been consistently praised by clients for his responsiveness, intellect and results-driven approach.
Active in the professional community, Kevin serves on the Executive Board of the Delaware Bankruptcy Inn of Court, contributes regularly to legal education and pro bono initiatives, and is a guardian ad litem through the Delaware Office of the Child Advocate. He is also an affiliated scholar at Saint Joseph’s University’s Institute of Catholic Bioethics, where he researches and writes on the intersection of law and healthcare ethics.
Featured endorsements
Experience
Represents an investment firm in litigation pending in the New Jersey Superior Court to recover a $70 million loan secured by an office complex in Short Hills, New Jersey. The motion was granted to dismiss several counterclaims filed by the defendant in full, eliminating all the defendants’ defenses to the client’s claims.
Counsel to defendants in trade secrets case in New Jersey.
Counsel to defendant in TCPA litigation in New Jersey.
Special Counsel to the Trustee in the LTC Holdings bankruptcy in Delaware.
Counsel to landlord in the Fox & Hound bankruptcy in Delaware.
Counsel to preference defendant in the City of Detroit bankruptcy in Michigan.
Counsel to landlord in Gordmans bankruptcy in Nebraska.
Counsel to critical trade vendor in the Momentive Performance Materials bankruptcy in New York.
Counsel to preference defendant in the SkyMall bankruptcy in Arizona.
Counsel to landlord in Payless bankruptcy in Missouri.
Counsel to plaintiff pharmaceutical company in trade secrets case in New Jersey.
Co-counsel to plaintiff in RICO litigation in California.
Counsel to landlord in Rue 21 bankruptcy in Pennsylvania.
Counsel to former employee defendant in Industrial Enterprises of America bankruptcy in Delaware.
Counsel to preference defendant in Gulf Packaging bankruptcy in Illinois.
Counsel to national jewelry company in replevin action in Delaware.
Counsel to former employee plaintiff in breach of contract action in Delaware.
Counsel to landlord in the Fresh & Easy bankruptcy in Delaware.
Counsel to preference defendant in the AFA Investments bankruptcy in Delaware.
Counsel to landlord in the Garden Fresh bankruptcy in Delaware.
Counsel to defendant in various patent ligation matters in Delaware.
Counsel to manufacturing company in product liability defense in New Jersey.
Special Counsel to the Debtors in the Constellation Enterprises bankruptcy in Delaware.
Counsel to the Committee in the iON Worldwide bankruptcy in Delaware.
Counsel to national manufacturing company in FDCPA action in bankruptcy matter in Arkansas.
Counsel to various national transportation companies in breach of contract actions in California, Delaware, New Jersey, New York, and Pennsylvania.
Counsel to preference defendant in the Leading Edge Logistics bankruptcy in Delaware.
Counsel to preference defendant in the Standard Register bankruptcy in Delaware.
Counsel to landlord in the RadioShack bankruptcy in Delaware.
Counsel to the Liquidation Trustee in the DesignLine bankruptcy in North Carolina.
Counsel to preference defendant in the Exide Technologies bankruptcy in Delaware.
Counsel to landlord in the Haggen Holdings bankruptcy in Delaware.
Counsel to international distributor in personal injury action in Pennsylvania.
Representation of the Intermodal Association of North America in connection with the very significant Hanjin bankruptcy in Bankruptcy Court in New Jersey. Obtained a court order prohibiting Hanjin from imposing detention charges on containers and chassis that motor carriers, shippers, and others could not return to Hanjin. This was a very substantial achievement for the intermodal industry and provided much needed certainty to those involved in intermodal transportation.
Special Counsel to the Debtors in the Nortel bankruptcy in Delaware.
Counsel to preference defendant in the THQ bankruptcy in Delaware.
Counsel to various shippers, consignees, brokers, and transportation companies in freight claims and payment disputes across the company.
Counsel to national restaurant chain in wrongful death action in New Jersey.
Counsel to landlord in the Phoenix Brands bankruptcy in Delaware.
Counsel to secured lender and insurance premium financier in various bankruptcy matters across the country.
Counsel to international transportation company and transportation trade group in Chapter 15 Hanjin bankruptcy in New Jersey.
Counsel to national construction company in turnover action in bankruptcy matter in Florida.
Counsel to critical trade vendor in the UCI International bankruptcy in Delaware.
Delaware counsel to the committee in Charming Charlie Holdings bankruptcy in Delaware.
Counsel to national manufacturing company in product liability action in New Jersey.
Counsel to landlord in the ITT Educational bankruptcy in Indiana.
Counsel to former employee defendant in Washington Mutual bankruptcy in Delaware.
Counsel to landlord in the Sports Authority bankruptcy in Delaware.
Counsel to lender in various foreclosure and related actions in Delaware, New Jersey, and Pennsylvania.
Counsel to various transportation defendants in TransVantage bankruptcy in New Jersey.
Counsel to international healthcare company in discovery litigation in Delaware.
Represented the official committee of unsecured creditors as Delaware counsel in the Chapter 11 bankruptcy of Alto Maipo Spa, et al.
Represented client as strategic Stalking-Horse Bidder to purchase assets as going concern in a Section 363 bankruptcy sale.
Represented the official committee of unsecured creditors as Delaware counsel in the Chapter 11 bankruptcy of The Hertz Corporation, et al.
Delaware counsel to the Committee in FTD Companies bankruptcy.
Counsel to committee member in Nordam bankruptcy.
Counsel to creditors in PG&E bankruptcy in California.
Counsel to landlord in Mattress Firm bankruptcy in Delaware.
Counsel to landlord in Z Gallerie bankruptcy in Delaware.
Counsel to landlord in Charlotte Russe bankruptcy in Delaware.
Counsel to landlord in Claire’s bankruptcy in Delaware.
Counsel to landlord in Sears bankruptcy in New York.
Delaware counsel to the committee in ATD Corporation bankruptcy.
Special Litigation Counsel to the Chapter 7 Trustee of Jevic Holding Corporation.
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Credentials
Education
- magna cum laude
- Dean’s List (all semesters)
- Dean’s List
Clerkships and Bar Admissions
More
- Member, American Bankruptcy Institute
- Member, Transportation Lawyers Association
- Member, Delaware Bar Association
- Delaware Bankruptcy Inn of Court
- Executive Board Member (2015-present)
- Member, Federal Bar Association
- Listed, Chambers USA Leading Lawyers, Bankruptcy/Restructuring, 2022-2025
- Named to Benchmark Litigation 40 & Under List, 2022-2025
- Listed, Super Lawyers – Rising Stars, 2018-2020
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