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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 is a Partner in the Bankruptcy and Litigation Practice Groups, based in Benesch’s Wilmington, Delaware office.  He is licensed to practice in Delaware and New Jersey, along with numerous Federal Courts, but his practice is nationwide. 

For the past 15 years, Kevin has represented various constituencies, including debtors, trustees, official creditor committees, trade creditors, critical vendors, landlords, lenders, and parties to adversary proceedings in bankruptcy proceedings throughout the country.  His practice is diverse, and includes high profile matters such as representing the Debtors in Reverse Mortgage Investment Trust, to the Official Creditors Committees in the Los Angeles Dodgers, Hertz Rental Car, and Yellow Transportation bankruptcies, as well as trade creditors and landlords in nearly every retail bankruptcy over the last decade.

In addition to his bankruptcy practice, Kevin regularly represents lenders, receivers, and other loan parties in high-dollar real estate disputes and loan workouts.  This includes litigation in the distressed debt space, as well as commercial foreclosure proceedings and out-of-court restructurings and forbearances.  Kevin has extensive experience litigating such disputes and is equally adept at reaching valuable resolutions for his clients.  Outside of bankruptcy and litigation, Kevin represents children in pro bono proceedings in Delaware Family Court, is active in the Delaware Bankruptcy Inn of Court, is a former adjunct professor at Widener University, and an affiliated scholar with the Institute of Catholic Bioethics at Saint Joseph’s University, researching and writing 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
  • Insolvency & Creditors’ Rights
  • 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, 2022-2024
  • Named to Benchmark Litigation 40 & Under List, 2022, 2023, 2024
  • 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
March 5, 2025
Law360 Mentions Partners Kevin Capuzzi and John Gentile in US Development Agency's Opposition to Credito Real Ch. 15
November 26, 2024
Michael J. Barrie, Daniel N. Brogan, Kevin M. Capuzzi mentioned in Law360 | "Trustee To Take Over Ch. 11 Of NY Bar Assoc. Building Owner"
November 21, 2024
Hoover, Capuzzi, and Gentile mentioned in Law360 | "Yellow Corp. Approved For Ch.11 Plan Disclosures"

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