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Determinants of the Choice of Formal Bankruptcy Procedure: An International Comparison of Reorganization and Liquidation

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  • Chien-An Wang

Abstract

Application of a logit regression model to 555 bankruptcy filings from 30 countries from 1993 to 2009 provides insight into the factors that determined the outcomes of two formal bankruptcy resolution procedures, reorganization, and liquidation. The evidence shows that the judicial efficiency of debt enforcement had greater effects on the reorganization choice than the formalism on debtor rights written in the law books had. A higher bank debt ratio did not necessarily favor liquidation over reorganization, and creditors relied on the future value of the viable firm and judicial efficiency to decide between reorganization and liquidation. The results highlighted that the bankruptcy code and its enforceability efficiency were the causes of the variability in formal bankruptcy outcomes.

Suggested Citation

  • Chien-An Wang, 2012. "Determinants of the Choice of Formal Bankruptcy Procedure: An International Comparison of Reorganization and Liquidation," Emerging Markets Finance and Trade, Taylor & Francis Journals, vol. 48(2), pages 4-28, March.
    • Handle: RePEc:mes:emfitr:v:48:y:2012:i:2:p:4-28
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    Citations

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    Cited by:

    1. Abd Halim Ahmad & Nur Adiana Hiau Abdullah & Kamarun Nisham Taufil Mohd, 2016. "Market reactions to financial distress announcements: Does the market react differently to different outcomes?," Economics Bulletin, AccessEcon, vol. 36(2), pages 601-608.
    2. Zhu, Xiaoquan & Peng, Hongfeng & Zhang, Zijian, 2020. "The nexus of judicial efficiency, social burden and default risk: Cross-country evidence," Journal of International Financial Markets, Institutions and Money, Elsevier, vol. 68(C).
    3. Jaka Cepec & Peter Grajzl & Katarina Zajc, 2016. "Debt Recovery in Firm Liquidations: Do Liquidation Trustees Matter?," Quaderni del Dipartimento di Economia, Finanza e Statistica 24/2016, Università di Perugia, Dipartimento Economia.
    4. Ewelina Mruk & Inmaculada Aguiar-Díaz & Maria Victoria Ruiz-Mallorquí, 2019. "Use of formal insolvency procedure and judicial efficiency in Spain," European Journal of Law and Economics, Springer, vol. 47(3), pages 435-470, June.
    5. Ahmad, Abd Halim, 2019. "What factors discriminate reorganized and delisted distressed firms: Evidence from Malaysia," Finance Research Letters, Elsevier, vol. 29(C), pages 50-56.
    6. Ayadi, Rim & Abid, Ilyes & Guesmi, Khaled, 2021. "Survival of reorganized firms in France," Finance Research Letters, Elsevier, vol. 38(C).
    7. Blazy, Régis & Esquerré, Stéphane, 2021. "The CV effect: To what extent does the chance to reorganize depend on a bankruptcy judge’s profile?," International Review of Law and Economics, Elsevier, vol. 66(C).
    8. Régis BLAZY & Stéphane ESQUERRE, 2019. "The CV effect: How far do the chances to reorganize depend on the bankruptcy judges’ profile?," Working Papers of LaRGE Research Center 2019-07, Laboratoire de Recherche en Gestion et Economie (LaRGE), Université de Strasbourg.
    9. Jaka Cepec & Peter Grajzl & Katarina Zajc, 2016. "Debt Recovery in Firm Liquidations: Do Liquidation Trustees Matter?," CESifo Working Paper Series 6034, CESifo.

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