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Brett D. Fallon

Partner T: 302.888.6888 F: 302.571.1750
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Brett D. Fallon has over 25 years of litigation experience in all Delaware Courts. His record includes a list of more than 70 matters that have resulted in published court decisions indexed by Lexis or Westlaw, including many seminal issues in bankruptcy and corporate law.

Brett represents the full range of parties in bankruptcy proceedings and litigates complex commercial disputes in the Court of Chancery, Superior Court, and the United States District Court. In his bankruptcy and creditors’ rights practice, Brett represents debtors, creditors’ committees, debtor-in-possession lenders, debtor officers and directors, vendors (including extensive reclamation and 503(b)(9) experience), landlords, tenants, equipment lessors, insurance companies, and parties purchasing assets out of bankruptcy. He has deep experience with preference and fraudulent transfer litigation matters, as well as in dissolutions and assignments for the benefit of creditors.

In his corporate and commercial litigation practice, he represents directors and shareholders in class and derivative actions, joint venturers, stockholders seeking stock lists and information, parties in commercial disputes and parties seeking appraisals. 



  • Class and derivative action challenging a $300 million investment of preferred stock
  • Representation of party opposing confirmation of plan seeking section 524(g) injunction
  • Representation of a parties regarding  dissolution of joint venture
  • Representation of a professional in the landmark Delaware case refusing to recognize the elusive tort of deepening insolvency under Delaware law
  • Representation of a stockholder seeking to compel an annual meeting
  • Representation of target directors and the target company in a case establishing that appraisal is the sole remedy in a merger under section 253 of the DGCL.

Professional Affiliations

Delaware State Bar Association, Former Executive Committee Member
American Bar Association, Former Business Law Section Fellow and Frequent Speaker
American Bar Association, Subcommittee on Claims and Priorities of the Business Bankruptcy Committee, Co-Chair
American Bankruptcy Institute, Member and Frequent Speaker
American Bankruptcy Inn of Court, Barrister
American Bankruptcy Institute Mid – Atlantic bankruptcy conference advisory board

Community Affiliations

Wilmington Friends School, Board of Trustees
Political Campaign, Treasurer

Recent Matters

Trenwick America Litigation Trust v. Ernst & Young, L.L.P.
Landmark case refusing to recognize deepening insolvency under Delaware law

Pre-Petition Committee of Select Asbestos Claimants v. Combustion Engineering
Successful defense of trustee on motion for temporary restraining order

Atlantic Marine, Inc. v. American Classic Voyages Co.
Obtained reversal of order denying arbitration

Caliolo v. TKA Fabco Corp.
Obtained dismissal of preference action

Duke Energy Royal LLP v. Pillowtex Corporation
Representation of secured creditor

Chambers USA praises Brett for “his diligent manner and detailed knowledge of the functioning of the Delaware Courts. Brett is singled out for his skill in creditor-side representation but maintains a healthy stable of debtor clients."

Practice areas


Chambers USA -  Recognized for Bankruptcy/Restructuring, 2010-2016

Fellow of the American Bar Foundation

Martindale-Hubbell, AV Rating

Practical Law Company – Recommended Lawyers for Restructuring and Insolvency, 2007/08, 2008/09, 2009/10, 2010/11, 2011/12, 2012/13

Best Lawyers® 2017

Administrative Editor, Law & Contemporary Problems

Phi Beta Kappa


Delaware, 1986

Pennsylvania, 1992

United States District Court, District of Delaware

United States District Court, Eastern District of Pennsylvania

United States Court of Appeals, Third Circuit


Duke University Law School, J.D., With Honors, 1986

Duke University, B.A., summa cum laude, 1983