“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
- U.S. District Court, Northern District of Illinois
- U.S. Court of Appeals, Seventh Circuit
- U.S. 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
- HMB Retained as Counsel to Official Committee of Unsecured Creditors of Something Sweet Acquisition, Inc.October 1, 2021
On July 26, 2021, the Official Committee of Unsecured Creditors of Something Sweet Acquisition, Inc. selected HMB Legal Counsel (“HMB”) as its counsel, with the U.S. Bankruptcy Court for the District of Delaware approving HMB’s retention on September 23, 2021. Something Sweet Acquisition, Inc. and Something Sweet, Inc. (together “Something Sweet”) are industry leaders in the production and sale of…
- HMB Prevails For Equity Holders In 8th Circuit Decision Nearly Abolishing Chapter 11 “Equitable Mootness” DoctrineAugust 13, 2021
HMB’s Bankruptcy, Reorganization and Creditors’ Rights Team including Aaron Hammer, Nathan Delman and the late John Guzzardo, representing FishDish, LLP, preferred shareholders holders of the bankrupt VeroBlue Farms USA, Inc. at the U.S. Court of Appeals for the Eighth Circuit, successfully argued that the District Court prematurely dismissed FishDish’s appeal by improperly invoking the judicial doctrine known commonly known as “Equitable Mootness.”
- HMB Prevails For Equity Holders In 8th Circuit Decision Nearly Abolishing Chapter 11 “Equitable Mootness” DoctrineAugust 13, 2021
HMB’s Bankruptcy, Reorganization and Creditors’ Rights Team including Aaron Hammer, Nathan Delman and the late John Guzzardo, representing FishDish, LLP, preferred shareholders holders of the bankrupt VeroBlue Farms USA, Inc. at the U.S. Court of Appeals for the Eighth Circuit, successfully argued that the District Court prematurely dismissed FishDish’s appeal by improperly invoking the judicial doctrine known commonly known as “Equitable Mootness.”
- 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…
Events
- Aaron L. Hammer and Nathan E. Delman Present, “I Don’t Wanna Hear It! – All About the Equitable Mootness Doctrine” at the CBA Bankruptcy and Reorganization Committee Meeting – 11/17/21November 9, 2021
Aaron L. Hammer and Nathan E. Delman Present, “I Don’t Wanna Hear It! – All About the Equitable Mootness Doctrine” at the CBA Bankruptcy and Reorganization Committee Meeting.
- Nathan E. Delman Presents a Webinar, "Supreme Court and Seventh Circuit Caselaw Update" for the Chicago Bar Association - 3/17/21March 9, 2021
3/17/21 Chicago, IL The lively duo of Nathan E. Delman and Michael Miller from the Semrad Law Firm will get you caught up on the latest and greatest in both commercial and consumer bankruptcy law developments from the Seventh Circuit and the Supreme Court. Register for the event here. …
- Nathan E. Delman presents "The Good, the Bad and the Ugly: Coverage Counsel at § 341 Meetings"-Seventh Circuit Consumer Bankruptcy Conference-10/14/19August 29, 2019
10/14/19 Chicago, IL The Seventh Circuit Consumer Bankruptcy Conference will present an overview of savings in chapter 13, coverage counsel at § 341 meetings and navigating bankruptcy appeals. There will also be a Seventh Circuit case law update as well as a look at recommendations made in the Final Report of the ABI Commission on Consumer Bankruptcy. Nathan is a…
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.…
