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The Effect of Bankruptcy Protection on Investment: Chapter 11 as a Screening Device

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  • Mooradian, Robert M

Abstract

Asymmetric information and conflicts of interest between equity and debt holders can force a distressed but efficient firm to liquidate and may enable a distressed inefficient firm to continue. In the extreme, if it is costless for an inefficient firm to mimic an efficient firm in a debt restructuring, efficient and inefficient firms are equally likely to continue or liquidate. This article shows that Chapter 11 procedures impose costs on inefficient firms that would otherwise mimic efficient firms. This separation induces voluntary filing for bankruptcy by inefficient firms and consequently enables efficient firms to continue when they would otherwise be liquidated. Copyright 1994 by American Finance Association.

Suggested Citation

  • Mooradian, Robert M, 1994. " The Effect of Bankruptcy Protection on Investment: Chapter 11 as a Screening Device," Journal of Finance, American Finance Association, vol. 49(4), pages 1403-1430, September.
  • Handle: RePEc:bla:jfinan:v:49:y:1994:i:4:p:1403-30
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    Cited by:

    1. Kalay, Avner & Singhal, Rajeev & Tashjian, Elizabeth, 2007. "Is Chapter 11 costly?," Journal of Financial Economics, Elsevier, vol. 84(3), pages 772-796, June.
    2. Burghof, Hans-Peter & Henschel, Claudia, 1998. "Credit information in universal banking: A clinical study," CFS Working Paper Series 1998/13, Center for Financial Studies (CFS).
    3. Stanley D. Longhofer & Stephen R. Peters, 2000. "Protection for whom? creditor conflicts in bankruptcy," Working Paper 9909R, Federal Reserve Bank of Cleveland.
    4. Philippe Frouté, 2007. "Theoretical foundation for a debtor friendly bankruptcy law in favour of creditors," European Journal of Law and Economics, Springer, vol. 24(3), pages 201-214, December.
    5. Blazy, Régis & Martel, Jocelyn & Nigam, Nirjhar, 2014. "The choice between informal and formal restructuring: The case of French banks facing distressed SMEs," Journal of Banking & Finance, Elsevier, vol. 44(C), pages 248-263.
    6. Dhillon, Upinder S. & Noe, Thomas & Ramirez, Gabriel G., 2007. "Debtor-in-possession financing and the resolution of uncertainty in Chapter 11 reorganizations," Journal of Financial Stability, Elsevier, vol. 3(3), pages 238-260, October.
    7. Mason, Robin & Weeds, Helen, 2013. "Merger policy, entry, and entrepreneurship," European Economic Review, Elsevier, vol. 57(C), pages 23-38.
    8. Abu Towhid Muhammad Shaker, 2014. "The Equity Performance of U.S. Firms Emerging from Chapter 11 Bankruptcy," International Journal of Business and Social Research, MIR Center for Socio-Economic Research, vol. 4(1), pages 19-30, January.
    9. Kahl, Matthias, 2001. "Financial Distress as a Selection Mechanism: Evidence from the United States," University of California at Los Angeles, Anderson Graduate School of Management qt0dg192r9, Anderson Graduate School of Management, UCLA.
    10. Erkki Laitinen, 2011. "Assessing viability of Finnish reorganization and bankruptcy firms," European Journal of Law and Economics, Springer, vol. 31(2), pages 167-198, April.
    11. John F. Crean, 2009. "Credit Risk, Default Loss, and the Economics of Bankruptcy," Working Papers tecipa-354, University of Toronto, Department of Economics.
    12. Nicolae STEF, 2013. "Severity of the Voting Rules in Bankruptcy," Working Papers of LaRGE Research Center 2013-07, Laboratoire de Recherche en Gestion et Economie (LaRGE), Université de Strasbourg.
    13. Tarantino, Emanuele, 2013. "Bankruptcy law and corporate investment decisions," Journal of Banking & Finance, Elsevier, vol. 37(7), pages 2490-2500.
    14. repec:spr:busres:v:10:y:2017:i:2:d:10.1007_s40685-017-0047-x is not listed on IDEAS
    15. J. van Oosterhout & P.P.M.A.R. Heugens & S.P. Kaptein, 2003. "The Internal Morality of Contacting: Redeeming the Contractualist Endeavor in Business Ethics," Working Papers 03-15, Utrecht School of Economics.
    16. Dewaelheyns, Nico & Van Hulle, Cynthia, 2009. "Filtering speed in a Continental European reorganization procedure," International Review of Law and Economics, Elsevier, vol. 29(4), pages 375-387, December.
    17. Bandopadhyaya, Arindam & Jaggia, Sanjiv, 2001. "An analysis of second time around bankruptcies using a split-population duration model," Journal of Empirical Finance, Elsevier, vol. 8(2), pages 201-218, May.
    18. Michael J. Alderson & Brian L. Betker, "undated". "Liquidation Versus Continuation: Did Reorganized Firms Do The Right Thing?," Research in Financial Economics 9512, Ohio State University.
    19. Bhattacharjee Arnab & Higson Christopher & Holly Sean & Kattuman Paul, 2009. "Macroeconomic Instability and Corporate Failure: The Role of the Legal System," Review of Law & Economics, De Gruyter, vol. 5(1), pages 1-32, January.
    20. Stef Nicolae, 2017. "Voting Rules in Bankruptcy Law," Review of Law & Economics, De Gruyter, vol. 13(1), pages 1-39, March.
    21. Gary Cook & Keith Pond, 2006. "Explaining the choice between alternative insolvency regimes for troubled companies in the UK and Sweden," European Journal of Law and Economics, Springer, vol. 22(1), pages 21-47, July.
    22. Huang, Jiang-Chuan & Huang, Chin-Sheng & You, Chun-Fan, 2015. "Bank relationships and the likelihood of filing for reorganization," International Review of Economics & Finance, Elsevier, vol. 35(C), pages 278-291.
    23. repec:eur:ejisjr:185 is not listed on IDEAS
    24. Hotchkiss, Edith S. & Mooradian, Robert M., 1998. "Acquisitions as a Means of Restructuring Firms in Chapter 11," Journal of Financial Intermediation, Elsevier, vol. 7(3), pages 240-262, July.
    25. Tashjian, Elizabeth & Lease, Ronald C. & McConnell, John J., 1996. "An empirical analysis of prepackaged bankruptcies," Journal of Financial Economics, Elsevier, vol. 40(1), pages 135-162, January.

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