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The CV effect: How far do the chances to reorganize depend on the bankruptcy judges’ profile?

Author

Listed:
  • Régis BLAZY

    (LaRGE Research Center, Université de Strasbourg)

  • Stéphane ESQUERRE

    () (Ministère de la Justice, France)

Abstract

This paper explores the linkage between the individual profiles of Parisian commercial judges with bankruptcy affairs they supervised between 2006-2012. We show that a “CV effect” prevails: the firms’ actual chances to reorganize after bankruptcy filing vary with the composition of the chambers. We also confirm the existence of a limited (but not marginal) appointment bias suggesting that the bankruptcy affairs are not fully randomized across judges. Several variables accounting for the judges’ profiles exert a significant influence on reorganization. First, the presence of female judges increases the chances of a successful plan. We find a similar influence of the judges’ managerial skills and of the highest academic profiles. Yet, a mismatch between the judges’ profiles (mostly oriented towards big businesses) and the firms (closer to SMEs) undermines the probability to reorganize. We also refined our analysis by focusing on the two main filters for reorganization: i) the decision to open an observation period, ii) the supervision of such period by juges commissaires. Overall, our approach provides useful elements of answer on how to reduce type 2 errors during the bankruptcy process. Our findings lead to normative recommendations in order to better align consular Justice with the litigants’ needs. The results on France can extend to other mixed consular systems.

Suggested Citation

  • Régis BLAZY & Stéphane ESQUERRE, 2019. "The CV effect: How far do the chances to reorganize depend on the bankruptcy judges’ profile?," Working Papers of LaRGE Research Center 2019-07, Laboratoire de Recherche en Gestion et Economie (LaRGE), Université de Strasbourg.
  • Handle: RePEc:lar:wpaper:2019-07
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    File URL: http://ifs.u-strasbg.fr/large/publications/2019/2019-07.pdf
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    References listed on IDEAS

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    More about this item

    Keywords

    Bankruptcy; Reorgnization; Consular Justice; Commercial Court; Judges; CV;

    JEL classification:

    • G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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