How do bankruptcy systems perform in Eastern Europe?
For post-socialist countries that have undertaken long phases of economic and judicial transitions, an important aspect of attractiveness is based on the performances of their bankruptcy systems. Those performances are all the more essential in a context of non-mature capital markets. Precisely, bankruptcy procedures should, first generate substantial recoveries for the whole set of investors, and second share those recoveries in an adequate way – e.g. in a way that improves the investors’ individual incentives (in terms of monitoring, control, support, etc.). This article uses an original hand-collected database of 554 closed bankruptcy cases in three Eastern European countries (Hungary, Poland, and Romania) to evaluate the determinants of bankruptcy systems’ performances during the post-transition era (from year 2003 to 2010/11). In particular, we investigate whether the specificities of these local bankruptcy environments are significant enough to influence the creditors’ total recoveries. We also wonder whether those recoveries are impacted by the presence of private/public creditors and/or the concentration of their claims. This paper goes beyond a mere analysis of the creditors’ overall repayment, by focusing on the competition effects between them. Implementing competition is actually a core issue for post-transition economies, which have to mimic rivalry effects that usually prevail in more mature market economies. Precisely, we measure the priority order of repayment among competing classes of creditors (public, social, and private claims) and investigate the nature of competition (rivalry vs. ripple effects) among these classes. (1) We first confirm that the design of bankruptcy law “matters”: the creditors’ repayment is not independent from the type of bankruptcy procedure, and depends on the national environment in which such procedure is engaged. (2) On all three countries, the total recoveries do not benefit from the presence of public claimholders, even when those are in position of being residual claimants. Following Satjer (2010), this result suggests some passivity from the state, which has lost bargaining power under bankruptcy. On the contrary, the private claimholders exert a contrasting influence on total recoveries: positive for the junior ones (more involved under bankruptcy, to compensate their lack of protection), and negative for the secured ones (confirming the “lazy argument” attached to collaterals). (3) We also find that repayments are lower when the claims are concentrated: despite easier coordination, concentration may generate excessive influence from the largest creditors, willing to run bankruptcy adjudicat ion in their sole interests. (4) We show that the Eastern European bankruptcy systems provide stronger protection for private secured claims than for public claims. From that angle, the post-socialist economies mimic the prioritization of secured creditors that characterizes most Western European bankruptcy systems. (5) Last, we confirm that Eastern European bankruptcy systems have successfully implemented competition among the classes of creditors, which we interpret as a sign of maturity.
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- Tomoe Moore, 2009. "Soft Budget Constraints in EU Transition Economy Enterprises," International Finance, Wiley Blackwell, vol. 12(3), pages 411-430, December.
- Oscar Couwenberg & Abe Jong, 2008. "Costs and recovery rates in the Dutch liquidation-based bankruptcy system," European Journal of Law and Economics, Springer, vol. 26(2), pages 105-127, October.
- Jappelli, Tullio & Pagano, Marco & Bianco, Magda, 2005.
"Courts and Banks: Effects of Judicial Enforcement on Credit Markets,"
Journal of Money, Credit and Banking,
Blackwell Publishing, vol. 37(2), pages 223-244, April.
- Magda Bianco & Tullio Jappelli & Marco Pagano, 2001. "Courts and Banks: Effects of Judicial Enforcement on Credit Markets," CSEF Working Papers 58, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy, revised 09 Apr 2002.
- Bianco, Magda & Jappelli, Tullio & Pagano, Marco, 2002. "Courts and Banks: Effects of Judicial Enforcement on Credit Markets," CEPR Discussion Papers 3347, C.E.P.R. Discussion Papers.
- Simeon Djankov & Oliver Hart & Caralee McLiesh & Andrei Shleifer, 2008.
"Debt Enforcement around the World,"
Journal of Political Economy,
University of Chicago Press, vol. 116(6), pages 1105-1149, December.
- Simeon Djankov & Oliver Hart & Caralee McLiesh & Andrei Shleifer, 2006. "Debt Enforcement Around the World," NBER Working Papers 12807, National Bureau of Economic Research, Inc.
- Shleifer, Andrei & McLiesh, Caralee & Hart, Oliver & Djankov, Simeon, 2008. "Debt Enforcement Around the World," Scholarly Articles 2961825, Harvard University Department of Economics.
- Begg, David & Portes, Richard, 1993. "Enterprise debt and financial restructuring in Central and Eastern Europe," European Economic Review, Elsevier, vol. 37(2-3), pages 396-407, April.
- Blazy, Régis & Chopard, Bertrand & Nigam, Nirjhar, 2013.
"Building legal indexes to explain recovery rates: An analysis of the French and English bankruptcy codes,"
Journal of Banking & Finance,
Elsevier, vol. 37(6), pages 1936-1959.
- Régis Blazy & Bertrand Chopard & Nirjhar Nigam, 2013. "Buiding legal indexes to explain recovery rates: An analysis of the French and English bankrupcy codes," Post-Print hal-01514536, HAL.
- Régis Blazy & Bertrand Chopard & Nirjhar Nigam, 2013. "Building Legal Indexes to Explain Recovery Rates: An Analysis of the French and English Bankruptcy Codes," Post-Print hal-01385918, HAL.
- Regis Blazy & Bertrand Chopard & Nirjhar Nigam, 2013. "Building Legal Indexes to Explain Recovery Rates: An Analysis of the French and English Bankruptcy Codes," Post-Print hal-01369460, HAL.
- Iraj Hashi, 1995. "The Economics of Bankrupcy, Reorganisation and Liquidation: Lessons for East European Transitional Economies," CASE Network Studies and Analyses 0041, CASE-Center for Social and Economic Research.
- 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.
- Blazy, Regis & Chopard, Bertrand, 2004. "Ex post efficiency of bankruptcy procedures: A general normative framework," International Review of Law and Economics, Elsevier, vol. 24(4), pages 447-471, December.
- Bebchuk, Lucian Arye, 2000.
"Using options to divide value in corporate bankruptcy,"
European Economic Review,
Elsevier, vol. 44(4-6), pages 829-843, May.
- Lucian Arye Bebchuk, 2000. "Using Options to Divide Value in Corporate Bankruptcy," NBER Working Papers 7614, National Bureau of Economic Research, Inc.
- Ewa Balcerowicz & Iraj Hashi & Jens Lowitzsch & Miklos Szanyi, 2003. "The Development of Insolvency Procedures in Transition Economies: a Comparative Analysis," CASE Network Studies and Analyses 0254, CASE-Center for Social and Economic Research.
- White, Michelle J, 1989. "The Corporate Bankruptcy Decision," Journal of Economic Perspectives, American Economic Association, vol. 3(2), pages 129-151, Spring.
- Stiglitz, Joseph E, 1974. "On the Irrelevance of Corporate Financial Policy," American Economic Review, American Economic Association, vol. 64(6), pages 851-866, December.
- Grunert, Jens & Weber, Martin, 2009. "Recovery rates of commercial lending: Empirical evidence for German companies," Journal of Banking & Finance, Elsevier, vol. 33(3), pages 505-513, March.
- Legros Patrick & Mitchell Janet, 1995.
"Bankruptcy as a Control Device in Economies in Transition,"
Journal of Comparative Economics,
Elsevier, vol. 20(3), pages 265-301, June.
- Patrick Legros & Janet Mitchell, 1995. "Bankruptcy as control device in economies in transition," ULB Institutional Repository 2013/7042, ULB -- Universite Libre de Bruxelles.
- Thorburn, Karin S., 2000. "Bankruptcy auctions: costs, debt recovery, and firm survival," Journal of Financial Economics, Elsevier, vol. 58(3), pages 337-368, December.
- Cornelli, Francesca & Felli, Leonardo, 1997.
"Ex-ante efficiency of bankruptcy procedures,"
European Economic Review,
Elsevier, vol. 41(3-5), pages 475-485, April.
- Francesca Cornelli & Leonardo Felli, 1996. "Ex-ante Efficiency of Bankruptcy Procedures," Finance 9610001, EconWPA.
- 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.
- Earle, John S. & Telegdy, Almos, 2002. "Privatization Methods and Productivity Effects in Romanian Industrial Enterprises," Journal of Comparative Economics, Elsevier, vol. 30(4), pages 657-682, December.
- John S. Earle & Almos Telegdy, "undated". "Privatization Methods and Productivity Effects in Romanian Industrial Enterprises," Upjohn Working Papers and Journal Articles jse20024, W.E. Upjohn Institute for Employment Research.
- John S. Earle & Almos Telegdy, 2002. "Privatization Methods and Productivity Effects in Romanian Industrial Enterprises," Upjohn Working Papers and Journal Articles 02-81, W.E. Upjohn Institute for Employment Research.
- Baird, Douglas G., 1991. "The initiation problem in bankruptcy," International Review of Law and Economics, Elsevier, vol. 11(2), pages 223-232, September.
- 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.
- Manove, Michael & Padilla, A Jorge & Pagano, Marco, 2001. "Collateral versus Project Screening: A Model of Lazy Banks," RAND Journal of Economics, The RAND Corporation, vol. 32(4), pages 726-744, Winter. Full references (including those not matched with items on IDEAS)
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