Erin R. Fay / Director

Erin R. Fay is a director at Bayard and focuses her practice on corporate bankruptcy and restructuring. She represents debtors, committees, lenders, creditors, and other parties in complex business bankruptcy proceedings and out-of-court restructurings. Erin represents clients across a range of industries, including retail, energy, healthcare, medical devices, and financial services. Her experience further includes preparing companies for Chapter 7 filings and representing foreign representatives in Chapter 15 proceedings. Erin also has experience representing parties in assignments for the benefit of creditors and safe harbor dissolutions under Delaware law in the Delaware Court of Chancery.

Erin clerked for the Honorable Brendan L. Shannon, the Honorable Kevin Gross, and the Honorable Peter J. Walsh of the United States Bankruptcy Court for the District of Delaware.
Erin graduated from the University of Wisconsin Law School and was inducted into the Order of the Coif. While in law school, Erin interned for the Honorable Shirley S. Abrahamson of the Wisconsin Supreme Court, participated in moot court, and participated on the Wisconsin International Law Journal. Prior to law school, Erin graduated summa cum laude with a B.A. in English and Political Science from the University of Wisconsin – Stevens Point.

Erin is a member of the Federal Bar Association, the American Bar Association, the American Bankruptcy Institute, and the International Women’s Insolvency & Restructuring Confederation.  In addition, she is the current Chair of the Bankruptcy Section for the Delaware State Bar Association.  From 2017 to 2019, Erin was selected by Super Lawyers® as a Rising Star, and in 2022 she was named to the Super Lawyers® list in the practice area of business bankruptcy.  From 2019-2021, Erin was recognized as a Top Lawyer in Delaware Today magazine for bankruptcy business.  In its 2023 edition, Erin was named to The Best Lawyers in America© list for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Chambers USA has also recognized Erin since 2019 for her work in bankruptcy and restructuring in Delaware.  In 2020, Erin was named a member of the 2020 Class of American Bankruptcy Institute’s 40 Under 40 Program.

Professional Biography

Bar Admissions:

  • Delaware (2009)
  • Wisconsin (2009)

Court Admissions:

  • U.S. District Court for the District of Delaware (2009)


  • Federal Bar Association
  • American Bar Association
  • American Bankruptcy Institute
  • Delaware Bankruptcy Inn of Court
  • International Women’s Insolvency & Restructuring Confederation


  • B.A., summa cum laude, University of Wisconsin-Stevens Point (2004)
  • J.D., Order of the Coif, University of Wisconsin Law School (2008)


600 N. King Street, Suite 400 Wilmington, DE 19801
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