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Regulating Consumer Bankruptcy: A Theoretical Inquiry

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Author Info
Alan Schwartz () (Law School)
Barry E. Adler () (New York University, School of Law)
Benjamin Polak () (Department of Economics (Box 8268))

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Abstract

This paper uses a principal/agent framework to analyze consumer bankruptcy. The bankruptcy discharge partly insures risk averse borrowers against bad income realizations, but also reduces the borrower's incentive to avoid insolvency. Among our results are: (a) High bankruptcy exemptions increase bankruptcy insurance but at the cost of reducing the borrower's incentives to stay solvent; (b) Reaffirmations -- renegotiations -- have ambiguous efficiency effects in general, but the right to renegotiate is especially valuable for relatively poor persons; (c) Giving consumers the ex post choice regarding which bankruptcy chapter to use also provides more insurance but, by making bankruptcy softer on debtors, has poor incentive effects; (d) Serious consideration should be given to expanding the scope of consumers' ability to contract about bankruptcy because private contracts are better than regulations at making context sensitive tradeoffs between risk and incentives.

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Publisher Info
Paper provided by Yale School of Management in its series Yale School of Management Working Papers with number ysm128.

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Date of creation: 22 Nov 1999
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Handle: RePEc:ysm:somwrk:ysm128

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Web page: http://mba.yale.edu/
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  1. Wei Fan & Michelle J. White, 2002. "Personal Bankruptcy and the Level of Entrepreneurial Activity," NBER Working Papers 9340, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  2. Eva-Maria Steiger, 2006. "Ex-Ante vs. Ex-Post Efficiency in Personal Bankruptcy Proceedings," Papers on Strategic Interaction 2006-17, Max Planck Institute of Economics, Strategic Interaction Group. [Downloadable!]
  3. Wenli Li, 2001. "To forgive or not to forgive : an analysis of U.S. consumer bankruptcy choices," Economic Quarterly, Federal Reserve Bank of Richmond, issue Spr, pages 1-22. [Downloadable!]
  4. Jochen Bigus & Eva-Maria Steiger, 2006. "When it pays to be honest: How a variable period of good conduct can improve incentives in personal bankruptcy proceedings," European Journal of Law and Economics, Springer, vol. 22(3), pages 233-253, November. [Downloadable!] (restricted)
  5. Michelle J. White, 2005. "Economic Analysis of Corporate and Personal Bankruptcy Law," NBER Working Papers 11536, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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This page was last updated on 2009-11-6.


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