Judicial Discretion in Corporate Bankruptcy
AbstractWe study a demand and supply model of judicial discretion in corporate bankruptcy. On the supply side, we assume that bankruptcy courts may be biased for debtors or creditors, and subject to career concerns. On the demand side, we assume that debtors (and creditors) can engage in forum shopping at some cost. A key finding is that stronger creditor protection in reorganization improves judicial incentives to resolve financial distress efficiently, preventing a "race to the bottom" towards inefficient uses of judicial discretion. The comparative statics of our model shed light on a wealth of evidence on U.S. bankruptcy and yield novel predictions on how bankruptcy codes should affect firm-level outcomes.
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Bibliographic InfoPaper provided by Center for Economic Institutions, Institute of Economic Research, Hitotsubashi University in its series CEI Working Paper Series with number 2008-5.
Length: 40 p.
Date of creation: Apr 2008
Date of revision:
Note: This version: December 2007
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More information through EDIRC
Judicial Discretion; Corporate Bankruptcy;
Other versions of this item:
- G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
- K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
This paper has been announced in the following NEP Reports:
- NEP-ALL-2008-05-10 (All new papers)
- NEP-CFN-2008-05-10 (Corporate Finance)
- NEP-LAW-2008-05-10 (Law & Economics)
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.:
- Nicola Gennaioli & Andrei Shleifer, 2006.
"Judicial Fact Discretion,"
NBER Working Papers
12679, National Bureau of Economic Research, Inc.
- Dan Bernhardt & Ed Nosal, 2004.
Journal of Finance,
American Finance Association, vol. 59(6), pages 2655-2684, December.
- Schwartz, Alan, 1997.
"Contracting about Bankruptcy,"
Journal of Law, Economics and Organization,
Oxford University Press, vol. 13(1), pages 127-46, April.
- Kenneth Ayotte & Hayong Yun, . "Matching Bankruptcy Laws to Legal Environments," American Law & Economics Association Annual Meetings 1018, American Law & Economics Association.
- Gennaioli, Nicola & Rossi, Stefano, 2008. "Optimal Resolutions of Financial Distress by Contract," CEI Working Paper Series 2008-6, Center for Economic Institutions, Institute of Economic Research, Hitotsubashi University.
- Gilson, Stuart C. & John, Kose & Lang, Larry H. P., 1990. "Troubled debt restructurings*1: An empirical study of private reorganization of firms in default," Journal of Financial Economics, Elsevier, vol. 27(2), pages 315-353, October.
- Julian R. Franks & Kjell G. Nyborg & Walter N. Torous, 1996. "A Comparison of UK, US and German Insolvency Codes," Financial Management, Financial Management Association, vol. 25(3), Fall.
- Nicola Gennaioli & Stefano Rossi, 2012.
"Contractual Resolutions of Financial Distress,"
651, Barcelona Graduate School of Economics.
- Tarantino, E.T., 2009.
"Bankruptcy Law and Corporate Investment Decisions,"
2009-040, Tilburg University, Tilburg Law and Economic Center.
- Leyman, Bart & Schoors, Koen J.L. & Coussement, Peter, 2011. "Does court-supervised reorganization work? Evidence from post-confirmation firm failure," International Review of Law and Economics, Elsevier, vol. 31(3), pages 149-168, September.
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