Samuel J. Capuano
Partner
Samuel J. Capuano is a partner on Berger Singerman’s Business Reorganization Team. He focuses on insolvency and litigation matters in bankruptcy cases, Assignment for the Benefit of Creditors cases, receiverships, post-judgment proceedings, and out-of-court workouts. Sam works with a broad range of clients representing debtors, creditors, trustees, assignees, receivers, landlords, tenants, asset purchasers, officers, directors, and equity and other interest holders.
When working with his clients, Sam strives to understand their ultimate goals and collaboratively design and implement a strategy to succeed. Sam understands that having substantive knowledge of the law is critical, but he also believes that practicality and common sense must inform every strategic choice. He is motivated to find creative, efficient, and practical solutions to his client’s problems, and he is honest, open, and transparent in his advice.
Bankruptcy Debtor Representations
- Represented MBMG Holding, LLC (Clinical Care Medical Centers), an independent primary care and integrated physician group servicing approximately 35,000 patients from 26 locations in Central and South Florida, in Chapter 11 cases, including the sale of the business to an affiliate of Humana, Inc.
- Represented Brevard Eye Center, Inc., an ophthalmological surgical center and optometry store group with locations in Central Florida, in Chapter 11 cases including in defeating a motion to dismiss at a multi-day trial and in related adversary litigation, resulting in a confirmed plan of reorganization.
- Represented DemeRx, Inc., a pharmaceutical development company based in South Florida, in a Chapter 11 case resulting in a confirmed plan of reorganization, the issuance of new stock to debtor-in-possession lenders, and the establishment of a litigation trust.
Bankruptcy Trustee Representations
- Represents Chapter 7 trustee of Industrial Human Capital, Inc., a failed special purpose acquisition company (SPAC), as special litigation counsel pursuing claims against former shareholders, resulting in 7-figure settlement, and in ongoing litigation against former directors, officers, and others.
- Represents Liquidating Agent and former Chapter 11 trustee of Universal Health Care Group, Inc., a failed health insurance company, in fraudulent transfer and breach of fiduciary duty litigation against a global private equity firm.
- Represented Chapter 7 trustee of 5Barz International, Inc., a failed technology and blockchain company, as special litigation counsel against former officers, directors, and others, resulting in 7-figure settlement.
- Represented Chapter 7 trustee of Ocean Warrior, Inc., a commercial fishing company, as lead trial and appellate counsel resulting in a final judgment against the company’s principal later affirmed on appeal. In re Ocean Warrior, Inc., 835 F.3d 1310 (11th Cir. 2016).
Assignment for the Benefit of Creditors Representations
- Represents Assignee of Crystal Cruises LLC in Assignment for the Benefit of Creditors cases involving various cross-border and litigation issues, more than 12,000 creditors and over $1.4 billion in filed claims. Assisted the Assignee in the administration of the estate and in the pursuit and recovery of tens of millions of dollars for the benefit of creditors.
- Represents Assignee of Retail eCommerce Ventures LLC and 88 of its subsidiaries and affiliates in Assignment for the Benefit of Creditors cases involving the liquidation of various household brand names including Pier 1 Imports, RadioShack, Linen ‘N Things, DressBarn, Modell’s Sporting Goods, and Stein Mart.
- Represented Assignee of Quick Weight Loss Centers LLC in an Assignment for the Benefit of Creditors case involving more than 40 stores across multiple states. Assisted the Assignee in continuing to profitably operate the business during the case resulting in a sale of the operating business.
- Represented Assignee of Pharmacy Development Systems LLC in Assignment for the Benefit of Creditors cases involving companies that provided advisory and coaching services for independent pharmacies.
- Represented Assignee of Integro Building Systems of America, Inc. in Assignment for the Benefit of Creditors cases of failed construction business and recovered funds via settlement with vendors and the negotiated removal of tax liens.
Other Representative Matters
- Represents dozens of judgment debtors and defendants in post-judgment proceedings in multiple jurisdictions, including obtaining summary judgment in favor of the defendants in subsequent transferee fraudulent transfer cases seeking the recovery of tens of millions of dollars.
- Represented secured lender bank in borrower’s involuntary bankruptcy case, resulting in an agreed dismissal of the case on terms favorable to the lender.
- Represented creditor of failed special purpose acquisition company (SPAC) in successful involuntary bankruptcy filing.
- Represented owner and executive officer of failed national insurance companies in various related guaranty and bankruptcy matters.
- Represented secured judgment creditors in Chapter 11 cases of Recycling Revolution, LLC, resulting in favorable settlement and consensual plan of reorganization providing for meaningful recovery on judgment.
- Represented ownership group of Five Guys restaurant franchisee in contested Chapter 11 proceedings and related fraud litigation.
- Defended provider of mortgage servicing software in purported class action litigation brought in Chapter 11 bankruptcy cases of Ditech Holding Corporation, resulting in dismissal.
- Defended bank against Chapter 15 trustee’s claims in RICO, money laundering and fraud litigation.
- Chambers & Partners USA: America's Leading Business Lawyers, Bankruptcy/Restructuring (Up & Coming) (2024)
- The Best Lawyers in America®, "Ones to Watch" (2021-2025)
- Florida Super Lawyers, "Rising Star" (2017-2024)
- Bankruptcy Bar Association of the Southern District of Florida
- First Vice President, 2024-2025
- Board Director
- National Conference of Bankruptcy Judges
- NextGen Program, 2020 - 2021
- Uniform Law Commission
- Committee on Assignments for the Benefit of Creditors
- American Bankruptcy Institute
- Business Reorganization Committee
Fifty-Six Berger Singerman Attorneys Recognized in the 2025 Edition of Best Lawyers In America
August 15, 2024
May 29, 2024
September 11, 2023
FleetOwner Features Sam Capuano in, "Attorney: Yellow’s Chapter 11 timeline ‘very aggressive’"
August 10, 2023
July 5, 2023
January 24, 2023
January 23, 2023
Miami Today Quotes Sam Capuano in, "Experts Expect Miami's Business Bankruptcies to Increase"
January 19, 2023
MiamiToday Quotes Sam Capuano in, "Negative Economic Feeling Doesn't Translate to Bankruptcies"
December 14, 2022
Twenty-three Berger Singerman Attorneys Recognized in 2022 Edition of Florida Super Lawyers
June 27, 2022
Thrity-nine Berger Singerman Attorneys Recognized in the 2022 Edition of Best Lawyers In America
August 19, 2021
Nineteen Berger Singerman Attorneys Recognized in 2021 Edition of Florida Super Lawyers
June 24, 2021
March 29, 2021
March 26, 2021
Berger Singerman Announces 2021 Elevations
January 5, 2021
Thirty-Five Berger Singerman Attorneys Recognized in the 2021 Edition of Best Lawyers In America
August 19, 2020
- Aaronson Schantz Beiley, P.A.
- Tabas, Freedman & Soloff, P.A.
- Summer Law Clerk for the Honorable William Hoeveler, United States District Court for the Southern District of Florida