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An Economic Analysis of Transnational Bankruptcies

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  • Bebchuk, Lucian Arye
  • Guzman, Andrew T

Abstract

This paper analyzes the effects of the legal rules governing transnational bankruptcies. We compare a regime of "territoriality" in which assets are adjudicated by the jurisdiction in which they are located at the time of the bankruptcy with a regime of "universality" in which all assets are adjudicated in a single jurisdiction. Territoriality is shown to generate a distortion in investment patterns that might lead to an inefficient allocation of capital across countries. We also analyze who gains and who loses from territoriality, explain why countries engage in it even though it reduces global welfare, and identify what can be done to achieve universality. Copyright 1999 by the University of Chicago.

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Bibliographic Info

Article provided by University of Chicago Press in its journal Journal of Law & Economics.

Volume (Year): 42 (1999)
Issue (Month): 2 (October)
Pages: 775-808

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Handle: RePEc:ucp:jlawec:v:42:y:1999:i:2:p:775-808

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Cited by:
  1. Mihir A. Desai & C. Fritz Foley & James R. Hines, Jr., 2003. "A Multinational Perspective on Capital Structure Choice and Internal Capital Markets," NBER Working Papers 9715, National Bureau of Economic Research, Inc.
  2. Kane, Edward J., 2001. "Dynamic inconsistency of capital forbearance: Long-run vs. short-run effects of too-big-to-fail policymaking," Pacific-Basin Finance Journal, Elsevier, vol. 9(4), pages 281-299, August.
  3. C. Fritz Foley & Jay C. Hartzell & Sheridan Titman & Garry Twite, 2006. "Why do firms hold so much cash? A tax-based explanation," NBER Working Papers 12649, National Bureau of Economic Research, Inc.
  4. Yoshinobu Zasu & Ikumi Sato, 2012. "Providing credibility around the world: effective devices of the Cape Town Convention," European Journal of Law and Economics, Springer, vol. 33(3), pages 577-601, June.
  5. Calzolari, Giacomo & Loranth, Gyongyi, 2005. "Regulation of multinational banks: a theoretical inquiry," Working Paper Series 0431, European Central Bank.
  6. Lóránth, Gyöngyi & Morrison, Alan, 2003. "Multinational Bank Regulation with Deposit Insurance and Diversification Effects," CEPR Discussion Papers 4148, C.E.P.R. Discussion Papers.
  7. Karsten Jeske, 2005. "Private international debt with risk of repudiation," Working Paper 2001-16, Federal Reserve Bank of Atlanta.

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