Dr. Jan-Philipp Hoos
Biography
Overview
Jan-Philipp is the Executive Partner of the Düsseldorf office. He 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.
Jan-Philipp 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.
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Experience
Hakle, 2022
In 2022, Jan-Philipp was appointed as custodian for Hakle Group, one of the most prominent German manufacturers of hygienic tissues.
Saurer Technologies, 2021
Jan-Philipp was appointed as custodian for Saurer Technologies, a mechanical engineering company specializing in twisting and embroidery solutions as well as engineering and polymer solutions with four locations and almost 600 employees, by the Local Court of Krefeld. The grounds for insolvency were remedied within the preliminary insolvency proceedings by the engagement of a strategic investor.
Presswerk Krefeld, 2021
Jan-Philipp was appointed as custodian for Presswerk Krefeld, an automotive supplier with four locations and 500 employees, by the Local Court of Krefeld. The company was successfully restructured by way of a sale to a strategic investor.
AvP Group, 2020
Jan-Philipp was appointed as insolvency administrator over the assets of the AvP Group by the Local Court Düsseldorf in 2020. With around 3,500 customers and an annual billing volume of around 7 billion euros, AvP was one of the largest billing service providers for pharmacies in Germany.
GEMO Group, 2020
In 2020, the Local Court Krefeld appointed Jan-Philipp as insolvency administrator over the assets of GEMO Group, an international automotive supplier with over 800 employees and locations in Germany, Poland, China, Mexico, the USA and the UK.
Huhn Group, 2020
The Local Court Siegen appointed Jan-Philipp as insolvency administrator of the Huhn Group, an international automotive supplier with over 500 employees and locations in Germany and Slovakia.
International Retail Group
Advising across international retail group over a total of 12 jurisdictions in the areas of restructuring, contract and corporate law during the COVID-pandemic.
Duisburg Special Tubes, 2018
Jan-Philipp is acting as the insolvency administrator of Duisburg Special Tubes GmbH, a leading manufacturer for high precision seamless tubes used in high-tech industrial applications.
Teollisuuden Voima Oyj (TVO), 2018
Member of the multinational team advising Teollisuuden Voima Oyj (TVO), a Finnish electricity producer, on the negotiation of a global settlement agreement which ends its arbitration against French nuclear group Areva and German technology group Siemens in relation to the Olkiluoto 3 EPR (OL3 EPR) project in Finland.
PTC Germany, 2018
Jan-Philipp is acting as the insolvency administrator of PTC Germany, one of Germany's largest traders and producers of fresh and frozen seafood products with production sites in Germany and Serbia. After only three months of continuing PTC Germany’s business operations, the group was sold to an investor.
Asklepios Kliniken, 2018
Representation of German health care group Asklepios Kliniken in its bid for the acquisition of Paracelsus-Group out of self-administration-proceedings through capital measures within insolvency plans.
Daimler AG, 2017
Representation of automobile manufacturer Daimler AG and its subsidiaries in connection with the global restructuring of Takata Corporation and its subsidiaries, component part suppliers responsible for the largest-ever consumer products recall. White & Case has assisted Daimler AG and its subsidiaries in navigating the complex issues arising out of insolvency proceedings in the U.S. and Japan and coordinated out of court restructurings in Europe and elsewhere.
Kemmerich Group, 2016
Jan-Philipp is acting as the insolvency administrator of Kemmerich-Group, an automotive supplier, with more than 1,000 employees and production sites in Germany, Czech Republic, Spain and USA. After only four months of continuing Kemmerich-Group’s business operations, the group was sold to a strategic investor.
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.
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.
19th March 2019: Düsseldorf Restructuring Forum on Protecting Data and Creditors. Irreconcilable? (Daten und Gläubiger schützen. Unvereinbar?), Düsseldorf, (speaker)
20th September 2017: Düsseldorf Restructuring Forum on Changes in the Automotive Industry: Full Speed into crisis? (Automobilindustrie im Wandel: Mit Vollgas in die Krise?), Düsseldorf, (speaker)
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)
Courses of action for companies – International jurisdiction and recognition of preventive restructuring proceedings (Handlungsoptionen für Unternehmen – Internationale Zuständigkeit und Anerkennung von präventiven Restrukturierungsverfahren), ZIP 2021, pages 2214-2223, Co-author (with Daniel Schwartz and Hendrik Schlander
Liability of a director in self administration proceedings – an annotation to the judgement of the Federal Court of Justice (BGH) dated 26 April 2018 – IX ZR 238/17, GmbHR, Issue 12, Pages 632-642, 2018, (Haftung des Geschäftsführers: Anordnung von Eigenverwaltung über das Vermögen der Gesellschaft Anmerkung zum Urteil des BGH vom 26.04.2018 - IX ZR 238/17).
Unfounded restraint of large German companies in company acquisitions following insolvency, (Unbegründete Zurückhaltung deutscher Großunternehmen gegen Unternehmenskauf aus der Insolvenz), Zeitschrift für Aufsichtsräte in Deutschland BOARD, Issue 3, 2017, pp. 111-115, (co-author, with Matthias Kampshoff)
The power of an insolvency administrator to enter into a settlement agreement with a shareholder – an annotation to the Federal Court of Justice (BGH) dated 17 December 2015 – IX ZR 143/13, ZWH, pp. 324-330, 2016 (Die Befugnis des Insolvenzverwalters zum Vergleichsschluss mit Gesellschaftern, BGH v. 17.12.2015- IX ZR 143/13)
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)
Leading Individual: Insolvency, WirtschaftsWoche 2022
Best Lawyer Germany in Restructuring and Insolvency Law, Handelsblatt 2021-2023
Leading Individual: Insolvency, WirtschaftsWoche Top-Kanzleien 2021
Leading Individual: Insolvency, WirtschaftsWoche 2020
Highly Recommended Lawyer: Restructuring and Corporate Rescue, JUVE 2018/2019
