We conduct a theoretical and empirical investigation of the impact of bankruptcy codes on firms’ capital-structure choices. In our theoretical framework, costs of financial distress are endogenously determined as a function of the bankruptcy code. Anticipated liquidation values emerge as the key variable in the capital structure-bankruptcy code link: among other things, the theory predicts that the difference in leverage between a debt-friendly bankruptcy code (such as the UK’s) and a more equity-friendly code (such as the US’s) should be a monotone function of liquidation values. We examine empirical support for the theory by comparing leverages in the US and the UK for the period 1990 to 2002. Our tests use two (inverse) proxies of liquidation values: asset-specificity of the firm, and the fraction of the firm’s assets that are intangibles. We find the theory is strongly backed by the data. The results are robust to considerations such as employing net leverage (debt net of cash holdings) and controlling for other firm characteristics that affect leverage.
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Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number
4916.
References listed on IDEAS Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
Christopher Hennessy & Toni Whited, 2004.
"Debt Dynamics,"
2004 Meeting Papers
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Other versions:
Christopher A. Hennessy & Toni M. Whited, 2005.
"Debt Dynamics,"
Journal of Finance,
American Finance Association, vol. 60(3), pages 1129-1165, 06.
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Cited by: (explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)
Haselmann, Rainer & Pistor, Katharina & Vig, Vikrant, 2006.
"How Law Affects Lending,"
MPRA Paper
157, University Library of Munich, Germany.
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