“The law draws lines. My job is to know where they are - to work within them or work to redefine them to get the best results for my clients.”
Nate is an associate in HMB’s Bankruptcy, Reorganization and Creditors’ Rights Group. His practice focuses on business reorganization, committee representation and the protection of secured and unsecured creditors’ rights in insolvency situations. He is also the firm’s resident resource on personal bankruptcy and represents businesses in their COVID-19 insurance claims.
Nate has practiced bankruptcy for over a decade and has handled matters of all sizes. He has represented creditors’ committees, liquidating trustees, chapter 7 trustees, and has extensive experience both prosecuting and defending adversary proceedings in bankruptcy court. He also has experience in citation hearings, foreclosure defense, and UCC Article 9 sales. He thrives in high-pressure situations and has a knack for distilling complex information in plain English for his clients.
Since March 2020, Nate has been partnering with businesses to file claims and communicate with their insurers to fight for coverage due to losses resulting from COVID-19. He has represented bars, restaurants, childcare facilities and professional services as they work to overcome the ongoing challenges of the pandemic.
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Nate successfully represented certain consumer debtors against the City of Chicago on its vehicle impoundment policy before the U.S. Court of Appeals for the Seventh Circuit, helping to secure a victory preserving essential rights of debtors.
An industry thought leader, Nate frequently lectures on bankruptcy matters on both local and national stages and co-chaired one of the American Bankruptcy Institute’s most prestigious regional conferences for three years. Nate also was appointed as an inaugural member of the Northern District of Illinois Local Rules Advisory Committee, which provides direct communication with the bench on the applicable local bankruptcy rules.
Sophisticated Counsel in Complex Situations
Clients appreciate that Nate devotes himself to their needs and genuinely listens to their concerns. He has a restless curiosity for the law and is always searching for new strategies to obtain results for his clients, often under the most difficult of circumstances.
Education
IIT Chicago-Kent College of Law, J.D.
University of Wisconsin – Madison, B.A.
Admissions
Illinois
US District Court for Northern District of Illinois
US Court of Appeals, Seventh Circuit
US Court of Appeals, Eighth Circuit
Honors
CALI Award in Jurisprudence
Illinois Super Lawyers – Rising Stars, 2020
Professional Memberships
American Bankruptcy Institute
Chicago Bar Association
Northern District of Illinois Bankruptcy Court Liaison Committee, 2013-2015 (Chair 2014-2015)
Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference (Advisory Board 2016-Present, Co-Chair 2017-2019)
Northern District of Illinois Bankruptcy Court Rules Advisory Committee (2019-Present)
Articles
Discussing the Hurdles and Risks Facing Cannabis Businesses, Cannabis Industry Journal, February 2020
“Whose Motion Is It, Anyway? Post-Confirmation Increases in Chapter 13 – Debtor’s Income Should Be Monitored by the Chapter 13 Trustee.” XXXV ABI Journal 7, 22, 63-64, July 2016
Speaking Engagements
“Supreme Court and Seventh Circuit Case Law Update,” Chicago Bar Association Bankruptcy and Reorganization Committee, March 2021
“The Good, the Band and the Ugly: Coverage Counsel at § 341 Meetings,” Hon. Eugene R. Wedoff 7th Circuit Consumer Bankruptcy Conference, Oct 2019
“TbE? TTYL! A Practical Discussion of Real Estate Issues for Consumer Practitioners,” Chicago Bar Association Bankruptcy and Reorganization Committee, March 2019
“It Was So Much Fun; Let’s Do It Again: Cars, Parking and Municipal Violations, Take Two,” Hon. Eugene R. Wedoff 7th Circuit Consumer Bankruptcy Conference, Oct 2018
“Supreme Court and Seventh Circuit Case Law Update,” Chicago Bar Association Bankruptcy and Reorganization Committee, May 2018
“Smelt Tank! – Presenter on Segment Concerning Attorney Client Privilege,” Hon. Eugene R. Wedoff 7th Circuit Consumer Bankruptcy Conference, Nov 2017
“Working For A Fresh Start: Labor Issues Facing Consumer Debtors,” American Bankruptcy Institute Annual Spring Meeting, April 2017
“Chapter 7 101: An Introduction to the Bankruptcy Code, Rules and Practice,” Pincus Professional Education, Feb 2017
“Are you a Nolan or Luellen? Can You Surrender Collateral Post-Confirmation?,” Chicago Bar Association YLA Bankruptcy Committee, Dec 2016
“Things Don’t Always Go as Planned: Post-Confirmation Modifications and Appealing an Order Denying Confirmation,” Hon. Eugene R. Wedoff 7th Circuit Consumer Bankruptcy Conference, Oct 2016
“Case Management Conferences for Foreclosures and the Automatic Stay,” Chicago Bar Association Bankruptcy and Reorganization Committee, Nov 2015
“The Year in Consumer Case Law: What You Should Know, Learn and Love (or Hate),” AB 17th Circuit Consumer Bankruptcy Conference, Oct 2015
News
- Aaron L. Hammer Discusses Gencanna's $1.2M Lawsuit Against Pillsbury Winthrop with Law360February 4, 2021
In this article by Law360, Aaron L. Hammer discusses GenCanna filing an adversary proceeding seeking $1.2 million back that the company paid to law firm, Pillsbury Winthrop Shaw Pittman LLP ("Pillsbury"). Read the full article by Law360 here (paid subscription required). GenCanna, now known as OGGUSA Inc. after the company sold its assets as part of its Chapter 11 bankruptcy, paid…
- HMB Legal Counsel Retained as Counsel for Wind-Down Trustee In re OGGUSA, Inc. f/k/a GenCanna Global USADecember 29, 2020
Aaron L. Hammer, John W. Guzzardo and Nathan E. Delman of HMB Legal Counsel have been retained as counsel for the wind-down trustee in In re OGGUSA, Inc. (f/k/a GenCanna Global USA, Inc.). Earlier this year, CBD giant GenCanna made national headlines when its creditors forced the company into a Kentucky bankruptcy court After a high stakes court battle which…
- HMB Congratulates Client RED South Beach for Turnaround Management Association Small Business Turnaround AwardOctober 28, 2020
RED South Beach and its turnaround professionals have been awarded the Small Business Turnaround of the Year Award from the TMA’s Chicago/Midwest Chapter. HMB attorneys Aaron L. Hammer, John W. Guzzardo and Nathan E. Delman served as legal counsel to RED South Beach in its turnaround. Although this year’s celebration will be virtual, the Chapter’s Awards Committee and Board will…
- Aaron L. Hammer, David S. Ruskin and Nathan E. Delman Discuss the Hurdles and Risks Facing Cannabis Businesses with the Cannabis Industry JournalFebruary 18, 2020
Two thirds of all states and the District of Columbia have, to varying degrees, legalized cannabis. With the recent addition of Illinois, eleven states now allow adult recreational use. But cannabis entrepreneurs’ rush of excitement and dreams of cashing in is met with fierce competition and economic risks that makes the dreams, which look so dank at first, end up…
- Four Attorneys from the Litigation Group Named to 2020 Illinois Super Lawyers and Rising Stars ListsFebruary 3, 2020
One attorney from HMB's Litigation Group has been named as a 2020 Illinois Super Lawyer. Additionally, three attorneys were named to the 2020 Illinois Rising Stars list. Super Lawyers is a rating service of outstanding attorneys from over seventy practice areas who have attained a high degree of peer recognition and professional achievement. The following HMB attorney was selected for…
Publications
- Force Majeure and COVID-19April 27, 2021
A year ago, during the initial stages of the COVID-19 pandemic, it seemed timely to explore force majeure provisions and legal theories that would permit a party to suspend its contractual obligations under certain circumstances. At the time, it was unclear how courts would interpret force majeure provisions that did not expressly include a pandemic or epidemic within its list…
- Corporate Bankruptcies in 2021 and BeyondApril 12, 2021
CHAPTER 11 FILINGS IN 2020 AND BEYOND Unless your January 2020 payroll included Nostradamus, the forthcoming global pandemic and resulting mass quarantines were largely unforeseeable. Last year’s unpredictability did, however, lead to the rather predictable material increase in Chapter 11 bankruptcy filings. Epiq Companies recently reported to the American Bankruptcy Institute that commercial Chapter 11 filings increased 29% in 2020.…
- Procedures of the Circuit Court of Cook County During the CoronavirusJuly 1, 2020
***This article has been updated from the version posted on May 29th, 2020*** Actions Taken by the Circuit Court of Cook County In General Effective July 6, 2020, the Circuit Court of Cook County will begin hearing all matters in all Districts and Divisions with the exception of jury trials. Unless otherwise ordered, all attorneys and self-represented litigants shall be…
- Force Majeure? It’s Unorthodox, But I’ll Allow It: Bankruptcy Court Excuses § 365(d)(3) Performance Due to CoronavirusJune 10, 2020
In an opinion for our troubled times, Northern District of Illinois Bankruptcy Judge Donald Cassling granted debtor Hitz Restaurant Group (“Hitz”) some reprieve from § 365(d)(3)’s strict requirements due to a combination of COVID-19 shutdown orders and a favorably-worded force majeure clause. Hitz’s landlord, Kass Management Services, Inc. (“Kass”) moved to lift the automatic stay after Hitz stop making its…
- John W. Guzzardo and Nathan E. Delman Published in Journal of Corporate Renewal - "Global Pandemic Is Surprise Addition to Restaurant’s Turnaround Menu"June 1, 2020
View the PDF from Turnaround Management Association's Journal of Corporate Renewal here. John W. Guzzardo and Nathan E. Delman, with John B. Pidcock of Oxford Restructuring Advisors LLP, discuss how Red South Beach responded to the COVID-19 crisis by quickly taking a number of actions designed not only to survive but to emerge financially stronger once the crisis is over.…
