Bankruptcy around the World: Explanations of its Relative Use
The recent literature on law and finance has drawn attention to the importance of creditor rights in influencing the development of financial systems and in affecting firm corporate governance and financing patterns. Recent financial crises have also highlighted the importance of insolvency systems - a key element of creditor rights - to prevent and resolve corporate sector financial distress. The literature and crises have highlighted the role that creditor rights play in not only affecting the efficiency of ex-post resolution of distressed corporations, but also in influencing ex-ante risk-taking incentives and an economy's degree of entrepreneurship more generally. Yet, little is known on how much formal insolvency systems are actually being used, how the use of the courts to resolve financial distress relates to creditor rights, and whether any specific creditor rights matter more. This paper starts with documenting how often bankruptcy is used in a panel of 35 countries. It next investigates the relation between specific design features of insolvency regimes and the use of bankruptcy, considering also the quality of countries’ judicial systems. We find, controlling for overall development and macroeconomic shocks, that bankruptcies are higher in common-law countries and in market-oriented financial systems. Stronger creditor rights are generally associated with more use of bankruptcy, except for the presence of a "stay on assets" that is associated with fewer use of bankruptcy. Greater judicial efficiency is associated with more use of bankruptcy, but there is some substitution between stronger creditor rights and greater judicial efficiency. These findings suggest that the relationship between specific creditor rights features and the use of bankruptcy systems is more complex than perhaps thought. It may also help clarify the relationships between creditor rights, the development of financial systems, corporate ownership, and financing patterns.
|Length:||31, , 4 p.|
|Date of creation:||Dec 2002|
|Date of revision:|
|Note:||This Version: November 6, 2002|
|Contact details of provider:|| Postal: |
Web page: http://cei.ier.hit-u.ac.jp/
More information through EDIRC
References listed on IDEAS
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.:
- Oliver Hart, 2006.
"Different approaches to bankruptcy,"
CESifo DICE Report,
Ifo Institute for Economic Research at the University of Munich, vol. 4(1), pages 3-8, 04.
- Oliver Hart, 2000. "Different Approaches to Bankruptcy," Harvard Institute of Economic Research Working Papers 1903, Harvard - Institute of Economic Research.
- Oliver Hart, 2000. "Different Approaches to Bankruptcy," NBER Working Papers 7921, National Bureau of Economic Research, Inc.
- Franco Modigliani & Enrico Perotti, 2000. "Security Markets versus Bank Finance: Legal Enforcement and Investors' Protection," International Review of Finance, International Review of Finance Ltd., vol. 1(2), pages 81-96.
- Erik Berglof & Ernst-Ludwig von Thadden, 1999.
"The Changing Corporate Governance Paradigm: Implications for Transition and Developing Countries,"
William Davidson Institute Working Papers Series
263, William Davidson Institute at the University of Michigan.
- Erik BERGLÖF & Ernst-Ludwig VON THADDEN, 1999. "The Changing Corporate Governance Paradigm : Implications for Transition and Developing Countries," Cahiers de Recherches Economiques du Département d'Econométrie et d'Economie politique (DEEP) 9912, Université de Lausanne, Faculté des HEC, DEEP.
- Ayyagari, Meghana & Beck, Thorsten & Demirguc-Kunt, Asl, 2003. "Small and medium enterprises across the globe : a new database," Policy Research Working Paper Series 3127, The World Bank.
- Daron Acemoglu & Simon Johnson & James A. Robinson, 2000.
"The Colonial Origins of Comparative Development: An Empirical Investigation,"
NBER Working Papers
7771, National Bureau of Economic Research, Inc.
- Daron Acemoglu & Simon Johnson & James A. Robinson, 2001. "The Colonial Origins of Comparative Development: An Empirical Investigation," American Economic Review, American Economic Association, vol. 91(5), pages 1369-1401, December.
- Beck, Thorsten & Levine, Ross & Loayza, Norman, 1999.
"Finance and the sources of growth,"
Policy Research Working Paper Series
2057, The World Bank.
- Claessens, Stijn & Djankov, Simeon & Klapper, Leora, 2003. "Resolution of corporate distress in East Asia," Journal of Empirical Finance, Elsevier, vol. 10(1-2), pages 199-216, February.
- 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.
- Raghuram G. Rajan & Luigi Zingales, 1994.
"What Do We Know About Capital Structure? Some Evidence from International Data,"
NBER Working Papers
4875, National Bureau of Economic Research, Inc.
- Rajan, Raghuram G & Zingales, Luigi, 1995. " What Do We Know about Capital Structure? Some Evidence from International Data," Journal of Finance, American Finance Association, vol. 50(5), pages 1421-60, December.
- Asli Demirgüç-Kunt & Vojislav Maksimovic, 1998. "Law, Finance, and Firm Growth," Journal of Finance, American Finance Association, vol. 53(6), pages 2107-2137, December.
- Stulz, Rene M. & Williamson, Rohan, 2003.
"Culture, openness, and finance,"
Journal of Financial Economics,
Elsevier, vol. 70(3), pages 313-349, December.
- Loughran, Tim & Ritter, Jay R. & Rydqvist, Kristian, 1994.
"Initial public offerings: International insights,"
Pacific-Basin Finance Journal,
Elsevier, vol. 2(2-3), pages 165-199, May.
- Demirguc-Kunt, Asli & Levine, Ross, 1999. "Bank-based and market-based financial systems - cross-country comparisons," Policy Research Working Paper Series 2143, The World Bank.
When requesting a correction, please mention this item's handle: RePEc:hit:hitcei:2002-17. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Reiko Suzuki)
If references are entirely missing, you can add them using this form.