Dr. Jan-Philipp Hoos | White & Case LLP International Law Firm, Global Law Practice
Jan-Philipp Hoos
Jan-Philipp Hoos

Dr. Jan-Philipp Hoos

Partner, Düsseldorf

T +49 211 49195 0

in LinkedIn profile

An experienced restructuring lawyer with substantial experience in self-administration and insolvency proceedings.

Overview

Jan-Philipp practices in the area of restructuring and insolvency administration. He is regularly appointed as insolvency administrator and custodian (Sachwalter) by several courts in the Rhine-Ruhr area. In addition to handling insolvency proceedings, he advises clients on restructuring measures, in particular in self-administration proceedings, the sale or acquisition of insolvent companies or in their role as creditors in insolvency proceedings.

Another focus of Jan-Philipp's work is advising managers on their duties and liability in pre-insolvency situations, as well as national and international financial institutions on a range of insolvency issues. He also has substantial experience in complex, cross-border insolvency proceedings and international insolvency law.

A partner in the Firm's Global Financial Restructuring & Insolvency Practice, Jan-Philipp works as part of an integrated team of more than 160 lawyers worldwide, who are recognized leaders in complex cross-border insolvencies and workouts.

Jan-Philipp has been recognised in professional publications, such as JUVE and The Legal 500, and is a member of a number of professional associations, including the German-American Lawyers Association, INSOL Europe, the International Bar Association, the Association for Restructuring – TMA Germany and VID Association of Insolvency Administrators in Germany.

Prior to joining White & Case, Jan-Philipp worked in the restructuring practice of a global law firm in Frankfurt, and his international practice background is underlined by his time working in New York and Sydney.

Bars and Courts

  • Insolvency Lawyer
  • Rechtsanwalt

Education

  • Second State Exam, Higher Regional Court of Düsseldorf
  • Dr jur, Johannes Gutenberg-University Mainz
  • LLM, University of New South Wales, Sydney
  • First State Exam, Rheinische Friedrich-Wilhelms-University of Bonn
  • Albert-Ludwigs-University of Freiburg

Languages

  • German
  • English

Experience

Oehmetic GmbH, 2016

Acting as custodian, Jan-Philipp successfully restructured automotive supplier Oehmetic. Shortly after the opening of insolvency proceedings, the creditors' meeting approved an insolvency plan.

Whitesell Germany, ongoing

Jan-Philipp assisted White & Case Partner Biner Bähr as insolvency administrator of Whitesell Germany, a large automotive supplier, with more than 1,300 employees in four production sites all over Germany.

Frick für Wand und Boden, 2012

Jan-Philipp assisted White & Case partner Biner Bähr as custodian in the restructuring of specialist retail chain Frick für Wand und Boden, which has more than 80 stores and 350 employees in Germany. Ten weeks after the opening of insolvency proceedings, the creditors' meeting approved an insolvency plan within the context of protective shield proceedings ('Schutzschirmverfahren').

Hans Zimmer Maschinenbau GmbH, 2014

Acting as custodian, Jan-Philipp successfully restructured mechanical engineering company Hans Zimmer Maschinenbau GmbH. Shortly after the opening of insolvency proceedings, the creditors' meeting approved an insolvency plan.

Bonatrans Group's acquisition of GHH Radsatz, 2013

Jan-Philipp worked as part of an international team of the Firm's lawyers which advised Bonatrans Group a.s. on its acquisition of Gutehoffnungshütte Radsatz GmbH (GHH). Headquartered in the Czech Republic, Bonatrans is one of the leading manufacturers of rail wheelsets, supplying most railway operators in Europe, as well as one of the leading rolling stock manufacturers worldwide. GHH is also a leading supplier of technologically advanced rail wheelsets, but whereas Bonatrans' products are used primarily for freight rail, GHH is the market leader in passenger rail.

Speaking Engagements

12th April 2016: Düsseldorf Restructuring Forum on Pre-Insolvency Restructuring Proceedings (Das vorinsolvenzliche Sanierungsverfahren),
Düsseldorf
, (speaker)

7th May 2013: German Association of Energy and Water Industries on Claw-Back Issues in the Energy Sector,
Berlin
, (speaker)

8th April 2014: Düsseldorf Restructuring Forum on Bonds in the German "Mittelstand",
Düsseldorf
, (speaker)

20th September 2012: Handelsblatt Insolvency Convention on Scheme of Arrangement vs. Protective Shield Proceedings,
Düsseldorf
, (speaker)

Publications

  • Preventing Overindebtedness through Subordination Agreements in Finance and Restructuring, Limited Liability Company Review (GmbHR), pp. 729-734, 2015, (in cooperation with Oliver Köhler)
  • Liability of a director of a private company limited by shares for belated filing for insolvency – an annotation to the judgement of the Federal Court of Justice (BGH) dated 02 December 2014 – II ZR 119/14, ZWH, Issue 1, Pages 76-79, 2015, (Limited: Qualifikation der Insolvenzverschleppungshaftung des Directors als insolvenz- oder gesellschaftsrechtliche? Anmerkung zum Urteil des BGH vom 02.12.2014 - II ZR 119/14)
  • Liability of an insolvency administrator in case of a realization of assets which are subject to a creditor’s right to separate satisfaction – an annotation to the judgement of the Higher Regional Court of Nürnberg dated 11 December 2013 – 12 U 1530/12, ZWH, Issue 4, pp. 159–162, 2014
  • The creditor's burden of proving that inability to make payments as been remedied by concluding an agreement on payment by installment – an annotation to the judgement of the Federal Court of Justice (BGH) dated 06 December 2012 – IX ZR 3/12, ZWH, pp. 160–162, 2013
  • The managing director's liability for payments after insolvency – an annotation to the judgement of the Federal Court of Justice (BGH) dated 09 October 2012 – II ZR 298/11, ZWH, pp. 113–116, 2013
  • The managing director's duty to obtain advice in a crisis situation – an annotation to the judgement of the Federal Court of Justice (BGH) dated 27 March 2012, ZWH, p. 374 et seqq., 2012
  • Extension of the Definition of Overindebtedness as Amended by the Financial Markets Stabilization Act – Perpetuation of an Undesirable Legal Situation?, NZG, Page 1172, 2009, (co-author with Andreas Kleinschmidt)

Awards & Recognition

Highly Recommended Lawyer: Restructuring and Corporate Rescue, JUVE 2014/2015