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An Economic Analysis of Transnational Bankruptcies

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  • Lucian Arye Bebchuk
  • Andrew T. Guzman

Abstract

This paper analyzes the effects of the legal rules governing transnational bankruptcies. We compare a regime of territoriality' -- in which assets are adjudicated by the jurisdiction in which they are located at the time of the bankruptcy -- with a regime of universality are adjudicated in a single jurisdiction. Territoriality is shown to generate a distortion in investment patterns that might lead to an inefficient allocation of capital across countries. We also analyze who gains and who loses from territoriality, explain why countries engage in it even though it reduces global welfare, and identify what can be done to achieve universality.

Suggested Citation

  • Lucian Arye Bebchuk & Andrew T. Guzman, 2000. "An Economic Analysis of Transnational Bankruptcies," NBER Working Papers 6521, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:6521
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    References listed on IDEAS

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    1. Schwartz, Warren F. & Sykes, Alan O., 1996. "Toward a positive theory of the most favored nation obligation and its exceptions in the WTO/GATT system," International Review of Law and Economics, Elsevier, vol. 16(1), pages 27-51, March.
    2. Schwartz, Alan, 1993. "Bankruptcy Workouts and Debt Contracts," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 595-632, April.
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    Cited by:

    1. Morrison, Alan & Lóránth, Gyöngyi, 2003. "Multinational Bank Regulation with Deposit Insurance and Diversification Effects," CEPR Discussion Papers 4148, C.E.P.R. Discussion Papers.
    2. Fritz Foley, C. & Hartzell, Jay C. & Titman, Sheridan & Twite, Garry, 2007. "Why do firms hold so much cash? A tax-based explanation," Journal of Financial Economics, Elsevier, vol. 86(3), pages 579-607, December.
    3. Kane, Edward J., 2001. "Dynamic inconsistency of capital forbearance: Long-run vs. short-run effects of too-big-to-fail policymaking," Pacific-Basin Finance Journal, Elsevier, vol. 9(4), pages 281-299, August.
    4. Karsten Jeske, 2005. "Private international debt with risk of repudiation," FRB Atlanta Working Paper 2001-16, Federal Reserve Bank of Atlanta.
    5. Patrick Bolton & Martin Oehmke, 2019. "Bank Resolution and the Structure of Global Banks," The Review of Financial Studies, Society for Financial Studies, vol. 32(6), pages 2384-2421.
    6. Subramanian, Krishnamurthy V. & Tung, Frederick, 2016. "Law and Project Finance," Journal of Financial Intermediation, Elsevier, vol. 25(C), pages 154-177.
    7. Mihir A. Desai & C. Fritz Foley & James R. Hines, Jr., 2003. "A Multinational Perspective on Capital Structure Choice and Internal Capital Markets," NBER Working Papers 9715, National Bureau of Economic Research, Inc.
    8. Schwarcz Steven L., 2005. "The Confused U.S. Framework for Foreign-Bank Insolvency: An Open Research Agenda," Review of Law & Economics, De Gruyter, vol. 1(1), pages 81-95, April.
    9. Bolton, Patrick & Oehmke, Martin, 2018. "Bank resolution and the structure of global banks," LSE Research Online Documents on Economics 118937, London School of Economics and Political Science, LSE Library.
    10. Yoshinobu Zasu & Ikumi Sato, 2012. "Providing credibility around the world: effective devices of the Cape Town Convention," European Journal of Law and Economics, Springer, vol. 33(3), pages 577-601, June.
    11. Calzolari, Giacomo & Loranth, Gyongyi, 2011. "Regulation of multinational banks: A theoretical inquiry," Journal of Financial Intermediation, Elsevier, vol. 20(2), pages 178-198, April.
    12. Bolton, Patrick & Oehmke, Martin, 2019. "Bank resolution and the structure of global banks," LSE Research Online Documents on Economics 90056, London School of Economics and Political Science, LSE Library.
    13. Bolton, Patrick & Oehmke, Martin, 2018. "Bank Resolution and the Structure of Global Banks," CEPR Discussion Papers 13032, C.E.P.R. Discussion Papers.

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    More about this item

    JEL classification:

    • G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
    • G15 - Financial Economics - - General Financial Markets - - - International Financial Markets

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