IDEAS home Printed from https://ideas.repec.org/a/eee/aosoci/v94y2021ics0361368221000568.html
   My bibliography  Save this article

Replacing key employee retention plans with incentive plans in bankruptcy

Author

Listed:
  • Capkun, Vedran
  • Ors, Evren

Abstract

We examine executive bonus contracts in corporate bankruptcies. Introduced in 2005, Section 503(c)(1) of the United States' Chapter 11 corporate bankruptcy code regulates key employee retention plans (KERPs) but does not restrict performance incentive plans (PIPs). We find that, following the adoption of this reform, the likelihood of approval of KERPs and their coverage decrease, while those of PIPs increase. Unintended consequences of the reform include lower operating performance for PIPs and decreases in reorganization efficiency for bankrupt firms adopting KERPs or PIPs. Our results are consistent with the idea that KERPs were rent-extraction tools, which contrasts with prior evidence. PIP pay-performance link weakens after the reform, due to an increase in adoption of zero-performance thresholds and more discretion given to debtors over bonus pay. This suggests that watering down of PIPs' incentives may have re-introduced the rent extraction that the reform sought to eliminate. We conclude that the regulation of bonuses in bankruptcy should consider debtors’ reactions to such reforms.

Suggested Citation

  • Capkun, Vedran & Ors, Evren, 2021. "Replacing key employee retention plans with incentive plans in bankruptcy," Accounting, Organizations and Society, Elsevier, vol. 94(C).
    • Handle: RePEc:eee:aosoci:v:94:y:2021:i:c:s0361368221000568
    DOI: 10.1016/j.aos.2021.101278
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0361368221000568
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/j.aos.2021.101278?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Brian L. Betker, 1995. "An Empirical Examination of Prepackaged Bankruptcy," Financial Management, Financial Management Association, vol. 24(1), Spring.
    2. Goyal, Vidhan K. & Wang, Wei, 2017. "Provision of Management Incentives in Bankrupt Firms," Journal of Law, Finance, and Accounting, now publishers, vol. 2(1), pages 87-123, June.
    3. Hotchkiss, Edith Shwalb, 1995. "Postbankruptcy Performance and Management Turnover," Journal of Finance, American Finance Association, vol. 50(1), pages 3-21, March.
    4. Bebchuk, Lucian Arye & Fried, Jesse & Walker, David I, 2002. "Managerial Power and Rent Extraction in the Design of Executive Compensation," CEPR Discussion Papers 3558, C.E.P.R. Discussion Papers.
    5. Barry E. Adler & Vedran Capkun, 2019. "Debt-Equity Conflict and the Incidence of Secured Credit," Journal of Law and Economics, University of Chicago Press, vol. 62(3), pages 551-578.
    6. Woo-Jin Chang & Rachel M. Hayes & Stephen A. Hillegeist, 2016. "Financial Distress Risk and New CEO Compensation," Management Science, INFORMS, vol. 62(2), pages 479-501, February.
    7. Kalay, Avner & Singhal, Rajeev & Tashjian, Elizabeth, 2007. "Is Chapter 11 costly?," Journal of Financial Economics, Elsevier, vol. 84(3), pages 772-796, June.
    8. Jennifer Brown & David A. Matsa, 2016. "Boarding a Sinking Ship? An Investigation of Job Applications to Distressed Firms," Journal of Finance, American Finance Association, vol. 71(2), pages 507-550, April.
    9. Joyce, Yvonne, 2014. "Knowledge mandates in the state–profession dynamic: A study of the British insolvency profession," Accounting, Organizations and Society, Elsevier, vol. 39(8), pages 590-614.
    10. Ana M. Albuquerque & Mary Ellen Carter & Luann J. Lynch, 2015. "Court Intervention as a Governance Mechanism over CEO Pay: Evidence from the Citigroup Derivative Lawsuit," European Accounting Review, Taylor & Francis Journals, vol. 24(4), pages 637-658, December.
    11. Erkens, Michael H.R. & Gan, Ying & Yurtoglu, B. Burcin, 2018. "Not all clawbacks are the same: Consequences of strong versus weak clawback provisions," Journal of Accounting and Economics, Elsevier, vol. 66(1), pages 291-317.
    12. Lucian Bebchuk & Jesse Fried, 2002. "Power, rent extraction, and executive compensation," CESifo Forum, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 3(03), pages 23-28, October.
    13. Lucian Arye Bebchuk & Jesse M. Fried, 2003. "Executive Compensation as an Agency Problem," Journal of Economic Perspectives, American Economic Association, vol. 17(3), pages 71-92, Summer.
    14. Gilson, Stuart C & Vetsuypens, Michael R, 1993. "CEO Compensation in Financially Distressed Firms: An Empirical Analysis," Journal of Finance, American Finance Association, vol. 48(2), pages 425-458, June.
    15. Barry E. Adler & Vedran Capkun & Lawrence A. Weiss, 2013. "Value Destruction in the New Era of Chapter 11," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(2), pages 461-483, April.
    16. Nicola Gennaioli & Stefano Rossi, 2010. "Judicial Discretion in Corporate Bankruptcy," The Review of Financial Studies, Society for Financial Studies, vol. 23(11), pages 4078-4114, November.
    17. Donald C. Hambrick & Richard A. D'Aveni, 1992. "Top Team Deterioration as Part of the Downward Spiral of Large Corporate Bankruptcies," Management Science, INFORMS, vol. 38(10), pages 1445-1466, October.
    18. Lambert, Richard A., 2001. "Contracting theory and accounting," Journal of Accounting and Economics, Elsevier, vol. 32(1-3), pages 3-87, December.
    19. Armstrong, Christopher S. & Guay, Wayne R. & Weber, Joseph P., 2010. "The role of information and financial reporting in corporate governance and debt contracting," Journal of Accounting and Economics, Elsevier, vol. 50(2-3), pages 179-234, December.
    20. Eckbo, B. Espen & Thorburn, Karin S. & Wang, Wei, 2016. "How costly is corporate bankruptcy for the CEO?," Journal of Financial Economics, Elsevier, vol. 121(1), pages 210-229.
    21. Denis, Diane K. & Rodgers, Kimberly J., 2007. "Chapter 11: Duration, Outcome, and Post-Reorganization Performance," Journal of Financial and Quantitative Analysis, Cambridge University Press, vol. 42(1), pages 101-118, March.
    22. Vedran Capkun & Barry E. Adler & Lawrence A. Weiss, 2013. "Value Destruction in the New Era of Chapter 11," Post-Print hal-00674234, HAL.
    23. Bebchuk, Lucian A. & Fried, Jesse M., 2003. "Executive Compensation as an Agency Problem," Berkeley Olin Program in Law & Economics, Working Paper Series qt81q3136r, Berkeley Olin Program in Law & Economics.
    24. Bushman, Robert M. & Smith, Abbie J., 2001. "Financial accounting information and corporate governance," Journal of Accounting and Economics, Elsevier, vol. 32(1-3), pages 237-333, December.
    25. Tashjian, Elizabeth & Lease, Ronald C. & McConnell, John J., 1996. "An empirical analysis of prepackaged bankruptcies," Journal of Financial Economics, Elsevier, vol. 40(1), pages 135-162, January.
    26. Dahiya, Sandeep & John, Kose & Puri, Manju & Ramirez, Gabriel, 2003. "Debtor-in-possession financing and bankruptcy resolution: Empirical evidence," Journal of Financial Economics, Elsevier, vol. 69(1), pages 259-280, July.
    27. Wei Jiang & Kai Li & Wei Wang, 2012. "Hedge Funds and Chapter 11," Journal of Finance, American Finance Association, vol. 67(2), pages 513-560, April.
    28. Khanna, Naveen & Poulsen, Annette B, 1995. "Managers of Financially Distressed Firms: Villains or Scapegoats?," Journal of Finance, American Finance Association, vol. 50(3), pages 919-940, July.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Annabi, Amira & Breton, Michèle & François, Pascal, 2021. "Could Chapter 11 redeem itself? Wealth and welfare effects of the redemption option," International Review of Law and Economics, Elsevier, vol. 67(C).
    2. Lars Schweizer & Andreas Nienhaus, 2017. "Corporate distress and turnaround: integrating the literature and directing future research," Business Research, Springer;German Academic Association for Business Research, vol. 10(1), pages 3-47, June.
    3. Beiqi Lin & Chelsea Liu & Kelvin Jui Keng Tan & Qing Zhou, 2020. "CEO turnover and bankrupt firms’ emergence," Journal of Business Finance & Accounting, Wiley Blackwell, vol. 47(9-10), pages 1238-1267, October.
    4. Mao-Wei Hung & Wen-Hsin Tsai, 2020. "Managerial optimism, CEO retention, and corporate performance: evidence from bankruptcy-filing firms," Journal of Economics and Finance, Springer;Academy of Economics and Finance, vol. 44(3), pages 506-527, July.
    5. Li, Kai & Wang, Wei, 2016. "Debtor-in-possession financing, loan-to-loan, and loan-to-own," Journal of Corporate Finance, Elsevier, vol. 39(C), pages 121-138.
    6. Gupta, Kartick & Krishnamurti, Chandrasekhar, 2018. "Does corporate social responsibility engagement benefit distressed firms? The role of moral and exchange capital," Pacific-Basin Finance Journal, Elsevier, vol. 50(C), pages 249-262.
    7. Calcagno, R. & Renneboog, L.D.R., 2004. "Capital Structure and Managerial Compensation : The Effects of Renumeration Seniority," Discussion Paper 2004-120, Tilburg University, Center for Economic Research.
    8. Chen, Jie & De Cesari, Amedeo & Hill, Paula & Ozkan, Neslihan, 2018. "Initial compensation contracts for new executives and financial distress risk: An empirical investigation of UK firms," Journal of Corporate Finance, Elsevier, vol. 48(C), pages 292-313.
    9. Dinev, Nikolay, 2017. "Voluntary Bankruptcy as Preemptive Persuasion," Economics Series 334, Institute for Advanced Studies.
    10. Bugeja, Martin & Matolcsy, Zoltan & Spiropoulos, Helen, 2017. "The CEO pay slice: Managerial power or efficient contracting? Some indirect evidence," Journal of Contemporary Accounting and Economics, Elsevier, vol. 13(1), pages 69-87.
    11. Eckbo, B. Espen & Thorburn, Karin S. & Wang, Wei, 2016. "How costly is corporate bankruptcy for the CEO?," Journal of Financial Economics, Elsevier, vol. 121(1), pages 210-229.
    12. Giovanni-Battista Derchi & Laura Zoni & Andrea Dossi, 2021. "Corporate Social Responsibility Performance, Incentives, and Learning Effects," Journal of Business Ethics, Springer, vol. 173(3), pages 617-641, October.
    13. Chung, Huimin & Judge, William Q. & Li, Yi-Hua, 2015. "Voluntary disclosure, excess executive compensation, and firm value," Journal of Corporate Finance, Elsevier, vol. 32(C), pages 64-90.
    14. Katja Rost & Soren Salomo & Margit Osterloh, 2008. "CEO Appointments and the Loss of Firm-specific Knowledge - Putting Integrity Back into Hiring Decisions," CREMA Working Paper Series 2008-27, Center for Research in Economics, Management and the Arts (CREMA).
    15. Dirk E. Black & Ervin L. Black & Theodore E. Christensen & Kurt H. Gee, 2022. "Comparing Non-GAAP EPS in Earnings Announcements and Proxy Statements," Management Science, INFORMS, vol. 68(2), pages 1353-1377, February.
    16. Palmberg, Johanna, 2012. "Family Control and Executive Compensation," Ratio Working Papers 186, The Ratio Institute.
    17. Xavier Gabaix & Augustin Landier, 2008. "Why has CEO Pay Increased So Much?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 123(1), pages 49-100.
    18. Graham, John R. & Kim, Hyunseob & Leary, Mark, 2020. "CEO-board dynamics," Journal of Financial Economics, Elsevier, vol. 137(3), pages 612-636.
    19. Antonio Falato & Dan Li & Todd T. Milbourn, 2012. "CEO pay and the market for CEOs," Finance and Economics Discussion Series 2012-39, Board of Governors of the Federal Reserve System (U.S.).
    20. Kirchmaier, Thomas & Stathopoulos, Konstantinos, 2008. "From fiction to fact: the impact of CEO social networks," LSE Research Online Documents on Economics 24427, London School of Economics and Political Science, LSE Library.

    More about this item

    Keywords

    Bankruptcy Abuse Prevention and Consumer Protection Act; BAPCPA; Chapter 11; Bankruptcy; Reorganization; Retention bonus plans; Compensation in bankruptcy;
    All these keywords.

    JEL classification:

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

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:aosoci:v:94:y:2021:i:c:s0361368221000568. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/locate/aos .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.