In many countries, lenders are not permitted to use information about past defaults after a specified period of time has elapsed. We model this provision and determine conditions under which it is optimal. We develop a model in which entrepreneurs must repeatedly seek external funds to finance a sequence of risky projects under conditions of both adverse selection and moral hazard. We show that forgetting a default makes incentives worse, ex-ante, because it reduces the punishment for failure. However, following a default it is generally good to forget, because by improving an entrepreneur’s reputation, forgetting increases the incentive to exert effort to preserve this reputation. Our key result is that if agents are sufficiently patient, and low effort is not too inefficient, then the optimal law would prescribe some amount of forgetting — that is, it would not permit lenders to fully utilize past information. We also argue that forgetting must be the outcome of a regulatory intervention by the government — no lender would willingly agree to ignore information available to him.
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Paper provided by University of Venice "Ca' Foscari", Department of Economics in its series Working Papers with number
2007_23.
Find related papers by JEL classification: D86 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Economics of Contract Law G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation K35 - Law and Economics - - Other Substantive Areas of Law - - - Personal Bankruptcy Law
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George J. Mailath & Larry Samuelson, 2000.
"Who Wants a Good Reputation?,"
CARESS Working Papres
sell-rep, University of Pennsylvania Center for Analytic Research and Economics in the Social Sciences.
[Downloadable!]
Dan Bernhardt & Ed Nosal, 2004.
"Near-sighted Justice,"
Journal of Finance,
American Finance Association, vol. 59(6), pages 2655-2684, December.
[Downloadable!] (restricted)
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