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Kevin M. Capuzzi

Partner
Wilmington
T.
302.442.7063
liamE


 


 

"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.

Representative Experience

  • Special Litigation Counsel to the Chapter 7 Trustee of Jevic Holding Corporation.
  • Delaware counsel to the committee in ATD Corporation bankruptcy.
  • Counsel to landlord in Sears bankruptcy in New York.
  • Counsel to landlord in Claire’s bankruptcy in Delaware.
  • Counsel to landlord in Charlotte Russe bankruptcy in Delaware.
  • Counsel to landlord in Z Gallerie bankruptcy in Delaware.
  • Counsel to landlord in Mattress Firm bankruptcy in Delaware.
  • Counsel to creditors in PG&E bankruptcy in California.
  • Counsel to committee member in Nordam bankruptcy.

  • Litigation
  • Restructuring & Bankruptcy
  • Transportation & Logistics
  • Maritime Transportation
  • Widener University Delaware Law School, 2010, J.D.
    • magna cum laude
    • Dean's List (all semesters)
  • St. Joseph's University, 2007, B.S. Major: Biology, Minor: Interdisciplinary Health Care Ethics
    • Dean's List
  • Delaware
  • New Jersey
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Southern District of Texas
  • 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
  • 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

Highlights

Articles and Presentations
October 22-23, 2024
Bankruptcy and Creditor’s Rights Law | Kevin M. Capuzzi
May 11, 2023
Getting Paid and Keeping It – Collection and Bankruptcy Issues in the Warehousing Industry | Kevin M. Capuzzi
March 30 - April 1, 2022
Bankruptcy Issues | Kevin M. Capuzzi

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News
October 16, 2025
Benesch Partner Kevin Capuzzi Named a 2025 40 Under 40 Honoree by American Bankruptcy Institute
September 4, 2025
Jennifer Hoover, Kevin Capuzzi and John Gentile Mentioned in Law360 on Yellow Corp. Chapter 11 Plan Proceedings
August 13, 2025
Four Benesch Partners Named to 2025 Benchmark Litigation 40 & Under List

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