Thierry Bosly | White & Case LLP International Law Firm, Global Law Practice
 Thierry Bosly
 Thierry Bosly

Thierry Bosly

Partner, Brussels

“He is always diplomatic but doesn't forget the objectives. He is very creative and finds solutions which are good on both the legal and business levels.”

Chambers Europe 2014

Overview

Thierry Bosly is a highly experienced lawyer, with a national and international practice that focuses on corporate and finance transactions. Widely recognized as a leading practitioner in his field, he advises major banks on complex debt restructurings, acquisition finance, project finance, the regulation of factoring, securitization and insolvency-related matters.

Thierry has also developed a strong track record advising Belgian companies and private equity funds, notably when the transaction calls for both finance and corporate law capabilities. His key clients also include public and private companies facing insolvency, as well as companies interested in purchasing assets from insolvency debtors. Several bankruptcy courts have called him as an expert witness in this regard, and he is acknowledged as one of Belgium's foremost insolvency lawyers.

With extensive experience of working with overseas counsel and coordinating advice across different territories, Thierry has been noted for his leadership role in significant cross-border and multijurisdictional restructurings. He has also been described in Chambers as an "expert on contentious insolvencies" (2013), and "very impressive in court" (2011).

Thierry has developed a significant professional reputation outside his everyday practice. In 2008, he was appointed by the Belgian Minister of Justice to a commission of seven experts, responsible for drafting a new insolvency law. He is also a member of the Belgian arbitration and mediation center CEPANI, an independent facility composed of business leaders, academics, corporate legal experts and lawyers. In 2007, Thierry was appointed as a member of the European Law Alumni Advisory Board of the Georgetown University Law Center.

Bars and Courts

  • Brussels Bar

Education

  • LLM, Georgetown University
  • Licence en Droit, Université Catholique de Louvain
  • Candidature en Droit, Faculté Universitaire Saint Louis

Languages

  • Dutch
  • English
  • French

Experience

Tractebel Engineering (GDF SUEZ), 2014

Thierry led the cross-border and cross-practices team that advised GDF SUEZ subsidiary and leading engineering company Tractebel Engineering on its recent acquisition of Lahmeyer, a Germany-based engineering company specializing in energy and water infrastructure.

Hamon, 2014

Thierry advised Hamon SA, a leading player in the engineering and contracting of cooling systems, process heat exchangers, air pollution control (APC) systems and chimneys (listed on NYSE Euronext Brussels), in a transaction which involved both the restructuring of its €375 million senior facilities and a debut €55 million 5.5 percent bonds, guaranteed by several of its subsidiaries in Belgium, France, Germany, the UK, the US and Hong Kong.

Major Win for Bank Indonesia, 2014

Thierry represented Bank Indonesia (BI), the Indonesian central bank, in a major dispute with the trustees of its former Dutch subsidiary Indover. A judgment of 27 August 2014 by the District Court of Amsterdam rejected all claims brought against BI and validated its claim of €43 million claim against the bankruptcy estate. Indover was one of the banks that did not survive the 2008 credit crunch and declared bankrupt. Its trustees had held BI liable for the entire deficit in the bankruptcy, but the court found that BI had provided substantial financial assistance to Indover, and was under no obligation to fully cover its subsidiary's debts.

MEDICA's Acquisition of SLG, 2013

Thierry led the cross-border and cross-practices team that advised French-listed company MEDICA, a leading provider of long- and short-term dependency care, on the 100 percent capital acquisition of Senior Living Group, a provider of long-term care in Belgium. Following the acquisition, the network operated by MEDICA comprised more than 22,500 beds, a third of which are outside France.

Speaking Engagements

"The Reform of the Banking Sector in Europe, the Future of the Banking Union - Deposit Guarantee Schemes", 28 June 2013: UAE Congress,
Lisbon

"The European Public Prosecutor and the Criminal Law Protection of the Financial Interests of the European Union: Advances in Belgian Law" ("L’institution du Procureur Européen et la Protection Pénale des Intérêts Financiers de l’Union Européenne – Les Avancées du Droit Belge"), 25 January 2013, organized by the European Commission Anti-Fraud Office, Milan

Publications

  • The European Public Prosecutor and the criminal law protection of the financial interests of the European Union: advances in Belgian law (L'institution du procureur européen et la protection pénale des intérêts financiers de l'Union Européenne : Les avancées du droit belge), L'Istituzione del Procuratore Europeo e la Tutela Penale degli Interessi Finanziari dell'Unione Europea, G. Giappichellie Editore, 2014, (co-author, with N. Colin)

  • Belgian Chapter of “European Insolvency Regulations”, Thompson Reuters/Aranzadi, 2010, (co-author, with M. Alhadeff)
  • Overview of the Insolvency in Belgium, European Insolvency: the European regulation enforcement, Thomson Reuters/Aranzadi, 2010
  • Withholding obligations imposed by the ONSS (National Social Security Office) pursuant to article 30bis of the Law of 27 June 1969: debtorship or enforcement measure? (L'obligation de retenue imposée par l'ONSS en exécution de l'article 30bis de la loi du 27 juin 1969: codébition ou mesure d'exécution forcée?), Revue du Droit Commercial belge, Larcier, 2010

  • Belgium: Legislation brings flexibility, Crediflux, December 2009
  • Preface of the Insolvency Handbook, World Insolvency Systems: A Comparative Study, Thomson Reuters, 2009
  • Companies' cross-border mobility in EU law: regulatory competition or harmonization? (La mobilité transfrontalière des sociétés en droit européen: concurrence régulatoire ou harmonisation?), Evolution et perspectives du droit des sociétés: Anno 2006, Bruylant, 2006

  • New rules on the verification of bankruptcy claims (Les nouvelles règles applicables à la procédure de vérification des créances en cas de faillite), J.T., 2006
  • Banks and conflicts of interest (Les banques et les conflits d'intérêts), Editions du jeune Barreau, 2005
  • Transfer of business goodwill and crystallisation of creditors' rights (Cession du fonds de commerce et cristallisation des droits des créanciers), La cession du fonds de commerce, C.U.P., Larcier, 2005

Awards & Recognition

Winner of the Bankruptcy & Restructuring Belgium Award, CorporateLiveWire, 2014

Leading Lawyer, Chambers Europe 2014, Chambers Global 2014

Banking & Finance and Dispute Resolution – Belgium

Leading Lawyer, The Legal 500 EMEA 2014

Banking & Finance, Insolvency and Corporate/M&A