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Brett D. Fallon



Brett Fallon draws on more than 30 years of experience in the Delaware courts to help clients develop and execute the litigation strategies needed to resolve bankruptcy and business disputes. Over the years, Brett has earned a reputation for an analytical, results-oriented approach — and strong courtroom demeanor — that gives clients peace of mind as they manage pivotal business challenges.

Bankruptcy Litigation

Brett represents creditors of all types, particularly large-dollar secured and unsecured creditors, creditor committees, and plaintiffs and defendants in post-confirmation actions brought by litigation and liquidation trustees. Brett’s extensive litigation experience is an asset to clients navigating bankruptcy disputes and related issues. He has served as national bankruptcy counsel to multiple clients, including Fortune 500 companies. In addition to his established creditor-side practice, Brett represents and counsels debtors as both lead and Delaware counsel.

Corporate and Commercial Litigation

Brett represents parties in corporate, limited partnership and limited liability company disputes in the Delaware Court of Chancery. In his commercial litigation practice, he represents a wide variety of parties in commercial and contractual disputes in the Superior Court and the United States District Court. His broad bankruptcy background adds a unique perspective to commercial and corporate litigation with bankruptcy and insolvency implications. 


Bar Admissions


Court Admissions

U.S. Bankruptcy Court for the District of Delaware
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the District of Delaware
U.S. District Court for the Eastern District of Pennsylvania


Duke University
B.A. summa cum laude, Phi Beta Kappa (1983)

Duke University School of Law
J.D. with honors, Law & Contemporary Problems - Administrative Editor (1986)

Insights & Events

Leadership & Community

Pro Bono

  • Jack Carney Family Foundation — Board Member, 2015 - present

Professional Associations

  • American Bar Association Business Bankruptcy Committee — Claims and Priorities Subcommittee (Co-Chair, 2017-present)
  • American Bankruptcy Inns of Courts — Barrister

Civic Activities

  • Delaware Health Resources Board — Chair, 2018-present


  • Chambers USA — Delaware, Bankruptcy and Restructuring, 2010-24
  • Best Lawyers® — Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2019-24; Commercial Litigation, 2019-24; Litigation - Bankruptcy, 2017-24
  • Delaware Today — Top Lawyers, Business Bankruptcy, 2017, 2019
  • Martindale Hubbell — AV Preeminent 5.0 out of 5 Rating
Awards Methodology
No aspect of these recognitions has been approved by the highest court of any state.
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