Systemic Financial Distress and Auction-Based Bankruptcy Reorganization

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Systemic Financial Distress and Auction-Based Bankruptcy Reorganization

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Donald B. Hausch (University of Wisconsin)
S. Ramachandran (World Bank)

Abstract

Financial reorganization under bankruptcy reduces a firm's debts to a serviceable level through negotiations overseen by courts. Markets have been suggested as an alternative to such negotiations, recognizing that equity holders and junior claimants have call options to buy the firm back from senior creditors. This paper further develops this market-based approach when claimants are severely cash-constrained and there is merit in having existing owners-managers remain in control.
The scheme arranges creditors in a queue to be serviced in sequence from the firm's operating cash flows. Creditors bid for their position in this queue, and those accepting a greater proportionate reduction in the face value of their claims (perhaps those most pessimistic about the firm's prospects) are placed ahead of the others. A pre-existing hierarchy of claims is honored by having claimants bid for their positions within the relevant segment of the queue. No one in the queue (including owners who are last) is paid anything until the (reduced) debts of the first in line are fully discharged using the firm's operating cash surpluses. The queue then moves up and the next claimant in line is serviced.
The paper shows that, in equilibrium, the aggregate debts of the firm are reduced to a level that is more serviceable and that provides the owner-manager with a positive expected residual return. We discuss the appropriateness of this scheme to situations of systemic financial distress, including the East Asian crisis.

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Paper provided by Econometric Society in its series Econometric Society World Congress 2000 Contributed Papers with number 1423.

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Date of creation: 01 Aug 2000
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Handle: RePEc:ecm:wc2000:1423

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Aghion, Philippe & Hart, Oliver & Moore, John, 1992. "The Economics of Bankruptcy Reform," Journal of Law, Economics and Organization, Oxford University Press, vol. 8(3), pages 523-46, October.
Other versions:
- Aghion, P. & Hart, O. & Moore, J., 1992. "The Economics of Bankruptcy Reform," Working papers 92-11, Massachusetts Institute of Technology (MIT), Department of Economics.
- Philippe Aghion & Oliver Hart & John Moore, 1992. "The Economics of Bankruptcy Reform," NBER Working Papers 4097, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
- Philippe Aghion & Oliver D. Hart & John Moore, 1994. "The Economics of Bankruptcy Reform," NBER Chapters, in: Transition in Eastern Europe, Volume 2, The, pages 215-244 National Bureau of Economic Research, Inc. [Downloadable!]
Hart, Oliver & La Porta Drago, Rafael & Lopez-de-Silanes, Florencio & Moore, John, 1997. "A new bankruptcy procedure that uses multiple auctions," European Economic Review, Elsevier, vol. 41(3-5), pages 461-473, April. [Downloadable!] (restricted)
Other versions:
- Oliver Hart & Rafael La Porta Drago & Florencio Lopez-de-Silane & John Moore, 1997. "A New Bankruptcy Procedure that Uses Multiple Auctions," NBER Working Papers 6278, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
Cramton, Peter C, 1995. "Money Out of Thin Air: The Nationwide Narrowband PCS Auction," Journal of Economics & Management Strategy, Blackwell Publishing, vol. 4(2), pages 267-343, Summer.
Other versions:
- Peter Cramton, 1995. "Money Out of Thin Air: The Nationwide Narrowband PCS Auction," Papers of Peter Cramton 95jems, University of Maryland, Department of Economics - Peter Cramton, revised 09 Jun 1998. [Downloadable!]
Berkovitch, Elazar & Israel, Ronen, 1999. "Optimal Bankruptcy Laws across Different Economic Systems," Review of Financial Studies, Oxford University Press for Society for Financial Studies, vol. 12(2), pages 347-77.

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