Collections Lawyers Bexar

Elliott S

St. Mary's University, J.D.

The Catholic University of America, B.A. with honors

Practice Areas:

Bankruptcy

Business Litigation

Commercial Collections

Complex Commercial Litigation

Construction Law

Insurance Coverage Disputes

Property & Homeowner Association Rights

RICO

Securities Fraud & Broker-Dealer Disputes

Telecommunications & Regulatory Law

Professional Negligence and Legal Malpractice

Eminent Domain & Condemnation

Bar Admissions:

State Bar of Texas

U.S. Western District of Texas

U.S. Southern District of Texas

U.S. Eastern District of Texas

U.S. Northern District of Texas

U.S. District of Colorado

Membership & Admissions:

American Bankruptcy Institute

William S. Sessions Inn of Court

District 10 Subcommittee for the Unauthorized Practice of Law

College of the State Bar of Texas

Community Associations Institute ("CAI")

Fellow of the Texas Bar Foundation

Scene in S.A. Magazine / "Best Lawyers in San Antonio" in 2005 - 2011

Texas Super Lawyer Rising Star by Texas Lawyer and Texas Monthly for 2007 - 2011

"Outstanding Lawyer Award" from the San Antonio Business Journal 2011

AV Rated "Preeminent" by Lexis / Martindale-Hubbell

Background:

Mr. Cappuccio’s practice focuses primarily on complex commercial litigation, business litigation, bankruptcy litigation, construction law, collections, property owner association rights, condemnation and telecommunications law. He has considerable litigation and trial experience in cases involving torts, breach of contract, business disputes, fraudulent transfers, breach of fiduciary duty, deceptive trade practices, construction defects, civil RICO, securities fraud, and complex collection matters. Mr. Cappuccio’s clients range from Fortune 500 companies and mid-size businesses to small businesses and individuals across the country. Examples of recent cases include Mr. Cappuccio’s defense of a publicly traded telecommunications utility in a two week jury trial where a property owner sought more than $3.3 million dollars in trespass damages from the installation of underground fiber optic cables. The jury deliberated for less than two hours before returning a verdict in favor of Mr. Cappuccio’s client on all counts. Mr. Cappuccio has also been approved by various bankruptcy courts to serve as special counsel for numerous chapter 7 bankruptcy trustees. He is one of only a handful of lawyers in San Antonio with the ability and experience to successfully and seamlessly litigate cases in state court, federal court, and bankruptcy court.

Mr. Cappuccio is AV rated “Preeminent” by Martindale-Hubbell (the highest rating available in legal ability and ethics). He has been consistently recognized as a Texas Super Lawyer in Texas Monthly Magazine from 2007 – 2013, and he has been recognized by his peers as one of the “Best Lawyers in San Antonio” in Scene in S.A. Magazine for the last eight (8) years in a row in the areas of Business Litigation and Bankruptcy. On November 18, 2011, Mr. Cappuccio received the prestigious “Outstanding Lawyer Award” from the San Antonio Business Journal in the area of litigation. Mr. Cappuccio is frequently invited to lecture at continuing professional education courses, including courses sponsored by the State Bar of Texas, the University of Texas School of Law, and local Community Association Institute (“CAI”) Chapters.

Mr. Cappuccio volunteers his time with a number of organizations, including the Community Association Institute Amicus Brief Committee which is responsible for analyzing appellate amicus brief applications from associations across the country, and he is a member of the Board of Directors for the San Antonio Chapter of the Community Association Institute. In 2011, Mr. Cappuccio was elected to membership in the Fellows of the Texas Bar Foundation. The Texas Bar Foundation is the largest charitably funded bar foundation in the country, and fellows are selected for their outstanding achievements and demonstrated commitment to the improvement of the justice system throughout Texas.

Publications:

When Tenants File for Bankruptcy
Presented at the SES Commercial Landlord Tenant Law Conference, July 21, 2010

Presented at the Jay L. Westbrook Bankruptcy Conference, University of Texas School of Law, Nov. 15, 2008

Presented August 2008 in San Antonio, Texas, at the Law of Easements Conference.

Presented April 30, 2008 in Austin, Texas, at State Bar of Texas Nuts & Bolts of Business Bankruptcy Conference.

Getting Paid, Collection Law for the Healthcare Industry
April 15, 2008 in San Antonio, Texas

The Texas Residential Construction Liability Act: An Overview
Presented May 20, 2004, in Houston, Texas, at the Lorman Continuing Legal Education Class on Construction Defects and Insurance Coverage in Texas.

Northpoint Lawsuit Might End Before it BeginsFCC Reportedly Increasing Long-Distance Vigilance

Internetnews.com, 2001
Making Time to Broker Service Transitions from Northpoint

Select Reported Cases:

In re David Miscavige and Religious Technology Center, 436 S.W.3d 430 (Tex. App. – Austin 2014)

Counsel Financial Services, LLC v. David Leibowitz, 2013 Tex. App. LEXIS 9252 (Tex. App. – Corpus Christi 2013)

Horrigan v. Wald, 2012 Bankr. LEXIS 2989 (Bankr. W.D. Tex. 2012)

In re Wald, 2012 Bankr. LEXIS 2552 (Bankr. W.D. Tex. 2012)

Dragon Fish, LLC, et al., v. Santikos Legacy, Ltd., et al., 2012 Tex. App. LEXIS 3439 (Tex. App. . San Antonio 2012, no pet.)

In re: Premier General Holdings, Ltd., , 427 B.R. 592, (Bankr. W.D. Tex. 2010)

In re: Charles Bryan Powers and Mary Susan Powers, 412 B.R. 326, 2009 Bankr. LEXIS 4134 (Bankr. W.D. Tex. 2009)

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