Nathan is the chair of the Firm's Bankruptcy & Creditor Rights Group. He has extensive experience in all aspects of business reorganizations, workouts, and bankruptcies, inside and outside of court restructurings, including:
- Representation of creditors, suppliers, equipment lessors, lenders, landlords, OEMs, and asset purchasers in small to large, complex Chapter 11 cases.
- Counseling parties in business restructuring and liquidation situations outside of bankruptcy such as assignment for the benefit of creditors and forbearance agreements.
- Representation of suppliers to bankrupt and other distressed entities, including counseling on and prosecuting 503(b)(9) claims, advising on post-petition credit, and defending preference claims.
- Works with transactional lawyers on deal structures and providing legal opinions that support secured financings.
Nathan is distinguished among his peers, consistently recognized in the areas of Bankruptcy and Reorganization in the Illinois Super Lawyer publication and in the Commercial Bankruptcy and Workout Law categories in the Leading Lawyer publication, and receiving the Peer Review Rating – AV Preeminent, the highest peer rating standard by Martindale-Hubbell.
Nathan is actively involved in volunteer and charity work. He served as co-chair of the Bankruptcy Court Liaison Committee and serves on the Volunteer Attorney Panel in the Northern District of Illinois. Outside the practice of law, Nathan has worked with World Bicycle Relief for years to fundraise and raise awareness for its mission to provide large-scale, comprehensive bicycle distribution programs to aid poverty relief in developing countries around the world.
Nathan is an active runner, often racing all distances from 5ks to marathons. Combining charity work with running is a passion. Nathan has used running to raise tens of thousands of dollars collectively for Chicago Coalition for the Homeless, Asha for Education, Doctors Without Borders, and World Bicycle Relief (WBR), most recently having committed to run 3,000 miles in 2022 to support WBR.
Creditor & Contract Party Representation in Chapter 11
- Represented Sephora USA, Inc. in J.C. Penney’s chapter 11 bankruptcy cases, including pre-bankruptcy contract considerations, issues related to J.C. Penney’s treatment of the Sephora’s “store in store” agreement covering 600 locations nationally, and payment of claims in full.
- Represent LVMH and affiliated brands in connection with their supply agreements with national stores, including bankruptcy matters, most recently including the Neiman Marcus bankruptcy.
- Represent VTG Rail, Inc., a transport company specializing in railcar sales and leasing services, in connection with its pre- and post-bankruptcy lessee disputes.
- Represent several suppliers in Exide Technologies bankruptcy cases for supply agreement assumption issues, claims for goods supplied, and defending preference claims.
Automobile Dealer Bankruptcies
- Regularly counsels automobile manufacturers and importers with respect to dealers that have filed for bankruptcy. Most recently Nathan advised a manufacturer in a dealer chapter 11 bankruptcy in Florida. He negotiated with the debtor as part of its going-concern sale in bankruptcy, ensured a transition to a manufacturer-approved dealer, and obtained payment in full on all pre- and post-bankruptcy claims.
- Represented an OEM in a contract dispute with a Korean entity that attempted to dissolve to avoid liability for defective batteries. The supplier filed bankruptcy in Korea and shortly before mandatory arbitration commenced, it filed a Chapter 15 petition with the U.S. Bankruptcy Court and asked the court to enjoin the arbitration. We successfully opposed the injunction after extensive briefing and oral argument.
- Regularly serves as bankruptcy counsel for the leading supplier of driveline solutions to the global automotive industry, providing creditor rights counseling and recently negotiated a successful transition of its business from a key supplier to a buyer in the supplier’s chapter 11 bankruptcy.
- Regularly serves as landlord counsel in “mega” chapter 11 bankruptcies, recently including representation of landlords in Pier 1, Chuck E. Cheese, Shilo Industries, Stein Mart, and GNC cases.
Preference & Avoidance Action Defense
- Regularly represents national companies in defense of section 547 preference actions and section 548 avoidance actions in bankruptcies in jurisdictions across the country, recently including successful defense of a seven-figure preference complaint in the Dean Foods case.
Activities & Honors
- Selected, The Best Lawyers in America© (2021-2022)
- Bankruptcy & Creditor Rights
- Insolvency & Reorganization Law
- Selected, Leading Lawyers Network (2017-2022)
- Selected, Super Lawyers
- Illinois Super Lawyers (2016-2022)
- Top 100 Illinois Super Lawyers (2019)
- Illinois Rising Stars (2009-2015)
- Martindale Hubbell Peer Review Rating - AV Preeminent
- Member & Author, American Bankruptcy Institute
- Central States Bankruptcy Workshop, Advisory Board
- Mid-Level Professional Development Program (Chicago), Advisory Board
- Member, Chicago Bar Association
- Bankruptcy & Reorganization Committee, Vice-Chair
- Member, Illinois State Bar Association
- Commercial Banking, Collections & Bankruptcy Section
- Member, Co-Chair, Northern District of Illinois Bankruptcy Court Liaison Committee (2010-2012)
- Volunteer Attorney Panel - Bankruptcy Court, Northern District of Illinois
Speaking Engagements & Presentations
- Ethics in BankruptcyJune 2013 – Presenter (Chicago Bar Association)
- CBA Bankruptcy & Reorganization CommitteeApril 2012 – Presenter (Seventh Circuit Roundup)
Articles & Publications
- April 15, 2020 – Barack Ferrazzano Client Alert
- March 27, 2020 – Barack Ferrazzano Client Alert
- March 20, 2020 – Barack Ferrazzano Client Alert
- Caesars and § 105 Injunctions: Bold Expansion by Seventh Circuit, or Just More of the Same?August 2016 – American Bankruptcy Institute Journal
- Rejection Goes RetroFebruary 2016 – ABI Journal
- IICLE Business Bankruptcy Practice2011 - Present – Contributing Author
- May 16, 2022 – Barack Ferrazzano Press Release
- November 4, 2021 – Barack Ferrazzano Press Release
- August 19, 2021 – Barack Ferrazzano Press Release
- January 29, 2021 – Barack Ferrazzano Press Release
- November 6, 2020 – Barack Ferrazzano Press Release
- August 20, 2020 – Barack Ferrazzano Press Release
- May 20, 2020 – Barack Ferrazzano Press Release
- January 29, 2020 – Barack Ferrazzano Press Release
- November 15, 2019 – Barack Ferrazzano Press Release
- February 6, 2019 – Barack Ferrazzano Press Release
- January 2019 – Barack Ferrazzano Press Release
- January 24, 2019
- January 29, 2018 – Barack Ferrazzano Press Release
- January 25, 2018 – Barack Ferrazzano Press Release
- December 18, 2017 – Barack Ferrazzano Press Release
University of Illinois College of Law, J.D., cum laude, 2000
Dartmouth College, B.A. History, 1997
Bar & Court Admissions
- State of Illinois
U.S. District Court - Northern District of Illinois
U.S. District Court - Central District of Illinois
U.S. Court of Appeals - 7th Circuit
U.S. District Court - Northern District of Indiana