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Asset-Backed Securities: Costs and Benefits of "Bankruptcy Remoteness"

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  • Kenneth Ayotte
  • Stav Gaon

Abstract

This article focuses on a key property of asset-backed securities (ABS); namely, that ABS are designed to achieve "bankruptcy remoteness" of securitized assets from the borrowing firm. This provides lenders with protection from dilution that is not available with contracts such as secured debt. ABS allows firms to commit to more efficient investment decisions in bankruptcy. Securitization of replaceable assets (such as receivables) prevents inefficient continuation, but securitization of necessary assets can produce ex-post inefficiency, which favors secured debt. We test a prediction of our model using the LTV Steel bankruptcy, in which bankruptcy remoteness was successfully challenged. We find that ABS spreads for Chapter 11--eligible securitizers increased significantly more than spreads for Chapter 11--ineligible securitizers following LTV. The Author 2011. Published by Oxford University Press on behalf of The Society for Financial Studies. All rights reserved. For Permissions, please e-mail: journals.permissions@oxfordjournals.org., Oxford University Press.

Suggested Citation

  • Kenneth Ayotte & Stav Gaon, 2011. "Asset-Backed Securities: Costs and Benefits of "Bankruptcy Remoteness"," The Review of Financial Studies, Society for Financial Studies, vol. 24(4), pages 1299-1335.
    • Handle: RePEc:oup:rfinst:v:24:y:2011:i:4:p:1299-1335
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    File URL: http://hdl.handle.net/10.1093/rfs/hhq059
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    Cited by:

    1. Ebrahim, M. Shahid & Jaafar, Aziz & Omar, Fatma A. & Salleh, Murizah Osman, 2016. "Can Islamic injunctions indemnify the structural flaws of securitized debt?," Journal of Corporate Finance, Elsevier, vol. 37(C), pages 271-286.
    2. Munirul H. Nabin & Sukanto Bhattacharya & Shuddhaswatta Rafiq, 2015. "Mortgage-Backed Securities (MBS): Is It a Curse or a Blessing for the Australian Home Loan Market? A Natural Experiment," Australian Economic Papers, Wiley Blackwell, vol. 54(2), pages 104-120, June.
    3. Marques, Manuel O. & Pinto, João M., 2020. "A comparative analysis of ex ante credit spreads: Structured finance versus straight debt finance," Journal of Corporate Finance, Elsevier, vol. 62(C).
    4. Giambona, Erasmo & Lopez-de-Silanes, Florencio & Matta, Rafael, 2022. "Stiffing the creditor: Asset verifiability and bankruptcy," Journal of Financial Intermediation, Elsevier, vol. 52(C).
    5. Liu, Laura Xiaolei & Mao, Mike Qinghao & Nini, Greg, 2018. "Customer risk and corporate financial policy: Evidence from receivables securitization," Journal of Corporate Finance, Elsevier, vol. 50(C), pages 453-467.
    6. Toni Ahnert & Kartik Anand & Prasanna Gai & James Chapman & Philip StrahanEditor, 2019. "Asset Encumbrance, Bank Funding, and Fragility," The Review of Financial Studies, Society for Financial Studies, vol. 32(6), pages 2422-2455.
    7. Nils Boesel & C.J.M. Kool & S. Lugo, 2016. "Do European Banks with a Covered Bond Program still issue Asset-Backed Securities for funding?," Working Papers 16-03, Utrecht School of Economics.
    8. Ahnert, Toni & Anand, Kartik & Gai, Prasanna & Chapman, James, 2015. "Safe, or not safe? Covered bonds and Bank Fragility," VfS Annual Conference 2015 (Muenster): Economic Development - Theory and Policy 112875, Verein für Socialpolitik / German Economic Association.
    9. Kim, Jeong-Bon & Song, Byron Y. & Wang, Zheng, 2017. "Special purpose entities and bank loan contracting," Journal of Banking & Finance, Elsevier, vol. 74(C), pages 133-152.
    10. Riachi, Ilham & Schwienbacher, Armin, 2015. "Investment, firm performance and securitization: Evidence from industrial companies," Finance Research Letters, Elsevier, vol. 13(C), pages 17-28.
    11. Boesel, Nils & Kool, Clemens & Lugo, Stefano, 2018. "Do European banks with a covered bond program issue asset-backed securities for funding?," Journal of International Money and Finance, Elsevier, vol. 81(C), pages 76-87.
    12. Yongqiang Chu, 2020. "Collateral, Ease of Repossession, and Leases: Evidence from Antirecharacterization Laws," Management Science, INFORMS, vol. 66(7), pages 2951-2974, July.

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