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The Impact of Debtor-Friendly Reforms on the Performance of a Reorganization Procedure

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  • Timothy C.G. Fisher

    (The University of Sydney)

  • Jocelyn Martel

    (ESSEC Business School)

Abstract

Recent changes to Canadian bankruptcy law provide a natural experiment that we use to evaluate the impact of the international trend towards Chapter 11-style reorganization laws. Comparing random samples of reorganizing firms from before and after the law change show that changes to the law are associated with higher incentives for debtors to buy time prior to filing a proposal, a longer time in reorganization and a higher bankruptcy costs to assets ratio. The primary objective of the reform to attract more firms in reorganization has been met. The data also show that the system now attracts smaller and weaker firms although this has had very little impact on the acceptance rate and completion rate of reorganization plans.

Suggested Citation

  • Timothy C.G. Fisher & Jocelyn Martel, 2012. "The Impact of Debtor-Friendly Reforms on the Performance of a Reorganization Procedure," Working Papers hal-00707359, HAL.
    • Handle: RePEc:hal:wpaper:hal-00707359
    Note: View the original document on HAL open archive server: https://hal.science/hal-00707359
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    References listed on IDEAS

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    1. Bandopadhyaya, Arindam, 1994. "An Estimation of the Hazard Rate of Firms under Chapter 11 Protection," The Review of Economics and Statistics, MIT Press, vol. 76(2), pages 346-350, May.
    2. Arturo Bris & Ivo Welch & Ning Zhu, 2006. "The Costs of Bankruptcy: Chapter 7 Liquidation versus Chapter 11 Reorganization," Journal of Finance, American Finance Association, vol. 61(3), pages 1253-1303, June.
    3. Berkovitch, Elazar & Israel, Ronen, 1999. "Optimal Bankruptcy Laws across Different Economic Systems," The Review of Financial Studies, Society for Financial Studies, vol. 12(2), pages 347-377.
    4. White, Michelle J, 1983. "Bankruptcy Costs and the New Bankruptcy Code," Journal of Finance, American Finance Association, vol. 38(2), pages 477-488, May.
    5. Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1998. "Law and Finance," Journal of Political Economy, University of Chicago Press, vol. 106(6), pages 1113-1155, December.
    6. Eisenberg, Theodore & Tagashira, Shoichi, 1994. "Should We Abolish Chapter 11? The Evidence from Japan," The Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 111-157, January.
    7. Lynn M. LoPucki & Joseph W. Doherty, 2004. "The Determinants of Professional Fees in Large Bankruptcy Reorganization Cases," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(1), pages 111-141, March.
    8. Eberhart, Allan C & Moore, William T & Roenfeldt, Rodney L, 1990. "Security Pricing and Deviations from the Absolute Priority Rule in Bankruptcy Proceedings," Journal of Finance, American Finance Association, vol. 45(5), pages 1457-1469, December.
    9. Li, Kai, 1999. "Bayesian analysis of duration models: an application to Chapter 11 bankruptcy," Economics Letters, Elsevier, vol. 63(3), pages 305-312, June.
    10. Grossman, Sanford J & Hart, Oliver D, 1986. "The Costs and Benefits of Ownership: A Theory of Vertical and Lateral Integration," Journal of Political Economy, University of Chicago Press, vol. 94(4), pages 691-719, August.
    11. Bharath, Sreedhar T. & Panchapegesan, Venky & Werner, Ingrid, 2007. "The Changing Nature of Chapter 11," Working Paper Series 2008-4, Ohio State University, Charles A. Dice Center for Research in Financial Economics.
    12. Sergei A. Davydenko & Julian R. Franks, 2008. "Do Bankruptcy Codes Matter? A Study of Defaults in France, Germany, and the U.K," Journal of Finance, American Finance Association, vol. 63(2), pages 565-608, April.
    13. 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.
    14. Triantis, George G., 1996. "The interplay between liquidation and reorganization in bankruptcy: The role of screens, gatekeepers, and guillotines," International Review of Law and Economics, Elsevier, vol. 16(1), pages 101-119, March.
    15. Hotchkiss, Edith Shwalb, 1995. "Postbankruptcy Performance and Management Turnover," Journal of Finance, American Finance Association, vol. 50(1), pages 3-21, March.
    16. Seetharaman, P B & Chintagunta, Pradeep K, 2003. "The Proportional Hazard Model for Purchase Timing: A Comparison of Alternative Specifications," Journal of Business & Economic Statistics, American Statistical Association, vol. 21(3), pages 368-382, July.
    17. Betker, Brian L, 1995. "Management's Incentives, Equity's Bargaining Power, and Deviations from Absolute Priority in Chapter 11 Bankruptcies," The Journal of Business, University of Chicago Press, vol. 68(2), pages 161-183, April.
    18. Hart, Oliver, 1995. "Firms, Contracts, and Financial Structure," OUP Catalogue, Oxford University Press, number 9780198288817.
    19. David Skeel, "undated". "Creditors' Ball: The 'New' New Corporate Governance in Chapter 11," Scholarship at Penn Law upenn_wps-1032, University of Pennsylvania Law School.
    20. Timothy C. G. Fisher & Jocelyn Martel, 1994. "Will the Bankruptcy Reform Work? An Empirical Analysis of Financial Reorganization in Canada," Canadian Public Policy, University of Toronto Press, vol. 20(3), pages 265-277, September.
    21. Denis, Diane K. & Rodgers, Kimberly J., 2007. "Chapter 11: Duration, Outcome, and Post-Reorganization Performance," Journal of Financial and Quantitative Analysis, Cambridge University Press, vol. 42(1), pages 101-118, March.
    22. Matthias Kahl, 2002. "Economic Distress, Financial Distress, and Dynamic Liquidation," Journal of Finance, American Finance Association, vol. 57(1), pages 135-168, February.
    23. Thorburn, Karin S., 2000. "Bankruptcy auctions: costs, debt recovery, and firm survival," Journal of Financial Economics, Elsevier, vol. 58(3), pages 337-368, December.
    24. Daigle, Katherine H & Maloney, Michael T, 1994. "Residual Claims in Bankruptcy: An Agency Theory Explanation," Journal of Law and Economics, University of Chicago Press, vol. 37(1), pages 157-192, April.
    25. 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.
    26. Elazar Berkovitch & Ronen Israel, 1998. "The Bankruptcy Decision and Debt Contract Renegotiations," Review of Finance, European Finance Association, vol. 2(1), pages 1-27.
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    Cited by:

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