Cory Falgowski is a Partner in the firm's Creditors' Rights & Bankruptcy Practice group, where his practice focuses on representing secured creditors, corporate debtors, purchasers, trustees, vendors, consultants, and other stakeholders in complex corporate bankruptcy cases and insolvency-related matters.
Cory regularly handles high-stakes litigation, including fraudulent transfer and other avoidance actions, asset sale disputes, stay relief litigation, plan confirmation objections, as well as receivership actions and other commercial and corporate disputes. Cory’s practice also spans transactional matters, including negotiating and documenting credit transactions and asset purchase agreements, as well as bankruptcy appeals.
- Represented lender in connection with enforcement of indemnification claims and related plan objection, and defense of claims brought by creditors' committee for fraudulent transfers and aiding and abetting breaches of fiduciary duty.
- Represented selling shareholders in defense of fraudulent transfer claims brought by litigation trust seeking to avoid prepetition change of control transaction.
- Represented corporate debtors in chapter 11 cases involving reorganizations and liquidation of assets through Section 363 bankruptcy sales.
- Represented chapter 7 trustee in successful prosecution of claims against former Directors and Officers for breaches of fiduciary duties and fraudulent and preferential transfers.
- Successfully represented largest unsecured creditor in connection with issue of first impression under Bankruptcy Code Section 503(b)(9), involving creditor's ability to recover its Section 503(b)(9) administrative claim and also assert subsequent new value defense to preference claims.
Honors & Recognitions
- Listed in The Best Lawyers in America®️, Litigation - Bankruptcy (2022-2023)
- Named, Chambers USA, Bankruptcy/Restructuring (2014-2022)
- Best Lawyers: Ones to Watch in America: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2021)
- Speaking EngagementPortland, Maine
Professional & Community
- Delaware Bankruptcy Inn of Courts
- B.A., with honors, Johns Hopkins University (2001)
- J.D., Wake Forest University School of Law (2004)
- Delaware State Supreme Court
- U.S. District Court - District of Delaware
- U.S. Court of Appeals for the Third Circuit
- U.S. Bankruptcy Court - District of Delaware