Mrs. Erin Fay

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Mrs. Erin Fay

Bayard, P.A. , Wilmington, DE

ERIN is a director in the firm’s Bankruptcy group and represents debtors, committees, lenders, creditors and other parties in complex business bankruptcy proceedings and out-of-court restructurings. She represents clients across a range of industries, including retail, energy, health care, medical devices and financial services. Her experience also includes preparing companies for chapter 7 filings and representing foreign representatives in chapter 15 proceedings, and she has experience representing assignees in assignments for the benefit of creditors under Delaware law in the Delaware Court of Chancery.

Erin grew up in Wisconsin’s farmland, instilling in her traits that helped her dig into the law. She often receives calls from contemporaries or junior attorneys who are wrestling with work/life issues or difficult legal questions and looking for a sounding board. In addition, she served as a guardian ad litem for five years while the woman worked her way out of foster care and into adulthood. This work was difficult and required near constant attention given the issues facing her client.

Erin is a member of ABI, the Federal Bar Association, the American Bar Association and the International Women’s Insolvency & Restructuring Confederation. From 2017-19, she was selected as a Super Lawyers “Rising Star” in the practice area of business bankruptcy, and in 2019 and 2020, she was recognized as a “Top Lawyer” in Delaware Today magazine for bankruptcy business. She sits on the leadership team for Bayard’s marketing committee and was elected to the firm’s executive committee. She also has been in leadership for the Bankruptcy Section of the Delaware State Bar since 2019. She also is currently serving as a member of the Merit Selection Panel for two new Delaware judgeships.


  • J.D., University of Wisconsin Law School