Professional Experience
Mr. Kapila’s practice is focused on restructuring, creditors’ rights, bankruptcy, fiduciary matters and financial transactions litigation. He represents other bankruptcy trustees, debtors and both secured and unsecured creditors in and out of bankruptcy court. He also regularly advises clients about the insolvency implications involved in business transactions and operation of distressed businesses. As a Trustee plaintiff, Mr. Kapila has managed complex litigation in significant cases.
As a fiduciary, he has advised and represented debtors and creditors’ committees in formulating, analyzing and negotiating plans of reorganization. Recognized as an expert in fraudulent conveyance, Ponzi Schemes and insolvency issues, Mr. Kapila has provided expert testimony and extensive litigation support services to law firms involving complex insolvency issues and commercial damages. He is a sitting trustee on the panel of U.S. Bankruptcy Trustees (Southern District of Florida) and has served in numerous matters in both the Southern and Middle Districts of Florida as a Chapter 7, Chapter 11 and Sub-chapter V Trustee.
He has conducted numerous forensic and fraud investigations, and has worked with the Securities and Exchange Commission (SEC), the Federal Bureau of Investigation (FBI) and the United States Attorney’s Office.
CIVIC, VOLUNTEER AND PHILANTHROPIC (Past & Present)
The Kapila Family Foundation, Director
Nova Southeastern University – Kapila Family Starting Right Program, Mailman Segal Center (NSU-MSC) [Benefitting Autistic Children]; Kapila Family Foundation Feeding Disorders Clinic and the Kapila Family Foundation Challenging Behaviors Clinic.
The University of Miami – Kapila Family Foundation Student Award, Kapila Family Foundation Scholarship Fund and the Kapila Family Foundation Program Fund [supporting the Kapila Duberstein Miami Law Moot Court Team and UM law students.]
Nova Southeastern University Art Museum Fort Lauderdale [supporting art for children]
Broward Performing Arts Foundation [benefiting Encore! Building Community through the Arts capital campaign and Campaign for the Parker}
Stetson University – The Kapila Family Foundation Scholarship Fund
American Bankruptcy Institute
President (2023-2024)
President-Elect (2022-2023)
Management Committee (2021-2023)
Treasurer (2020-2022)
Member of the Executive Committee (2019)
Member of the Board of Directors (2016)
Southeast Regional Conference:
Co-Chair of Advisory Board (2016)
Advisory Board (2012-2017) and Co-chair (2015)
Caribbean Insolvency Symposium:
Advisory Board (2010-2014)
Co-Chair (2015)
Association of Insolvency & Restructuring Advisors
Past-Chairman and past-President
Board of Directors
Other:
Lecturer to various groups on insolvency and litigation related topics, including insolvency taxation
Member of the Grievances Committee of The Florida Bar
Member of the American Arbitration Association’s Panel of Arbitrators
Member of the Board of Directors, Hialeah-Miami Springs-NW Dade Chamber of Commerce
Chairman – Litigation Support Services Committee of the National Training and Experience Sharing Program of The American Group of CPA Firms
Practice Review Committee – FICPA
Bankers Cooperation Committee – Connecticut Society of CPA’s
REPRESENTATIVE MATTERS
Laser Spine Institute, et al – Assignee
Global Asset Rental, LLC – CRO, Liquidating Trustee
FF Fund 1, LLC – Cro, Liquidating Trustee
City of Detroit, Michigan – Financial Advisors to Fee Examiner
SMF Energy Corporation – CRO, Liquidating Trustee
Fontainebleau Las Vegas, LLC – Chapter 7 Trustee
Universal Health Care Group, LLC/American Managed Care, Inc.-Ch. 11/Liq. Trustee
Simply Fashion Stores, LLC – Chief Restructuring Officer
Spear & Jackson, Inc. – Corporate Monitor – SEC Appointment
Miami Neurological Institute, LLC – Chapter 11/Chapter 7 Trustee
Louis J. Pearlman / TransContinental Airlines, et al – Chapter 11 / Liquidating Trustee
Levitt Homes – Chief Administrator
Planet Hollywood International, Inc. – Examiner
Banco Latino International – Financial Consultants to Official Committee Unsecured Creditors
Southeast Bank Corp – Financial Advisors to Chapter 7 Trustee
SEC v. Christopher Freeman Brogdon – Corporate Monitor – SEC Appointment
Accomplishments
President, American Bankruptcy Institute (2023)
Fellow, American College of BAnkruptcy (2013)
Association of Insolvency and Restructuring Advisors – Distinguished Fellow (Class of 2022)
Top CPA’s and Litigation Support Professionals, South Florida Legal Guide (multiple years)
Power Leaders in Law and Accounting – South Florida Business Journal (2015, 2014)
Best Trustee, Daily Business Review’s Best of 2012
Key Partners Award Honoree – South Florida Business Journal (2010)
Bronze Award/Medal – 3rd highest score, examination of the Association of Insolvency & Restructuring Advisors (1996)
Education / Qualifications
Certified Public Accountant (CPA) – Florida
Certified Insolvency & Restructuring Advisor (CIRA)
Certified Fraud Examiner (CFE)
Certified in Financial Forensics (CFF)
Certified in Bankruptcy Mediation – Training – St. John’s University (2014)
MBA, Cranfield School of Management Studies, England (1978)
Institute of Chartered Accountants in England and Wales
Professional Affiliations
American Institute of Certified Public Accountants
Florida Institute of Certified Public Accountants
Association of Insolvency & Restructuring Advisors
Association of Certified Fraud Examiners
American Bankruptcy Institute
National Association of Bankruptcy Trustees
National Association of Federal Equity Receivers
Speaking Engagements
American Bankruptcy Institute
American Bar Association
American College of Bankruptcy
Association of Insolvency & Restructuring Advisors
Bankruptcy Bar Association for the Southern District of Florida
Central Florida Bankruptcy Law Association
Florida Bankruptcy Bar
Florida Institute of Certified Public Accountants
Florida International University, School of Law
National Association of Bankruptcy Trustees
National Bankruptcy Conference
National Business Institute
National Conference of Bankruptcy Judges
New York Law School
St. Thomas University Law School
Stetson College of Law, Insolvency Symposium – Germany
Southeastern Bankruptcy Law Forum
Turnaround Management Association
University of Miami, School of Law
Publications
“New Receivership Act Streamlines Receiver’s Role for Lenders, Other Stakeholders” – Daily Business Review – September 2020
“Eye of the Evaluator – The Role of Contingent Liabilities in an Insolvency Analysis” – American Bankruptcy Institute Journal – April 2018
“Best Practices in the Treasury Functions of a Chapter 7 Trustee’s Office” – American Bankruptcy Trustee Journal (NAB) – Fall, 2015
“Fraud and Forensics: Piercing Through The Deception In A Commercial Fraud Case” – American Bankruptcy Institute – 2015
“Ponzi Schemes: Fiduciaries May Be The Saving Grace”, ABI Journal (2014)
“A Health Care Fraud and Bankruptcy Primer“, southern District of Florida Bankruptcy Bar Association Journal (2014)
“Hidden Resources in a Small Business”