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Matching Bankruptcy Laws to Legal Environments

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  • Hayong Yun

Abstract

We study a model of optimal bankruptcy law in an environment where legal quality can vary along two dimensions: the expertise of judges and the quality of contract enforcement. We analyze a model in which a judicially influenced bankruptcy process can enhance the efficiency of incomplete contracts by conditioning the allocation of control rights in bankruptcy on firm quality. We consider the optimal balance of debtor and creditor interests as a function of the legal environment and show that the optimal degree of "creditor-friendliness" in the bankruptcy code increases as judicial ability to recognize firm quality falls and as the quality of contract enforcement deteriorates. Our model shows that a bankruptcy law that attempts to preserve going-concern value, such as US Chapter 11, requires judicial expertise to be effective. Where such expertise is unavailable, a law that focuses more on creditor recovery is preferred. (JEL D86, G33, G34, K22) The Author 2007. Published by Oxford University Press on behalf of Yale University. All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org, Oxford University Press.

Suggested Citation

  • Hayong Yun, 2009. "Matching Bankruptcy Laws to Legal Environments," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 25(1), pages 2-30, May.
    • Handle: RePEc:oup:jleorg:v:25:y:2009:i:1:p:2-30
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    File URL: http://hdl.handle.net/10.1093/jleo/ewm048
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    Citations

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    Cited by:

    1. Nicola Gennaioli & Stefano Rossi, 2013. "Contractual Resolutions of Financial Distress," The Review of Financial Studies, Society for Financial Studies, vol. 26(3), pages 602-634.
    2. Dinev, Nikolay, 2017. "Voluntary Bankruptcy as Preemptive Persuasion," Economics Series 334, Institute for Advanced Studies.
    3. Benito Arruñada, 2021. "Interpretación positiva del derecho concursal español y propuestas para una reforma equilibrada," Policy Papers 2021-08, FEDEA.
    4. Saibal Ghosh, 2018. "Corporate investment and political federalism: does judicial efficiency matter?," Indian Economic Review, Springer, vol. 53(1), pages 263-285, December.
    5. Rossi, Stefano, 2015. "What Drives Financial Reform? Economics and Politics of the State-Level Adoption of Municipal Bankruptcy Laws," CEPR Discussion Papers 10984, C.E.P.R. Discussion Papers.
    6. Miguel García-Posada & Juan Mora-Sanguinetti, 2014. "Are there alternatives to bankruptcy? A study of small business distress in Spain," SERIEs: Journal of the Spanish Economic Association, Springer;Spanish Economic Association, vol. 5(2), pages 287-332, August.
    7. 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.
    8. Ayadi, Mohamed A. & Lazrak, Skander & Welch, Robert, 2017. "Determinants of bankruptcy regime choice for Canadian public firms," Research in International Business and Finance, Elsevier, vol. 42(C), pages 161-172.
    9. Tarantino, Emanuele, 2013. "Bankruptcy law and corporate investment decisions," Journal of Banking & Finance, Elsevier, vol. 37(7), pages 2490-2500.
    10. Régis Blazy & Joël Petey & Laurent Weill, 2018. "Serving the creditors after insolvency filings: from value creation to value distribution," European Journal of Law and Economics, Springer, vol. 45(2), pages 331-375, April.
    11. Aney, Madhav S. & Banerji, Sanjay, 2022. "Political connections, informational asymmetry, and the efficient resolution of financial distress," Economic Modelling, Elsevier, vol. 114(C).
    12. Jérôme Sgard, 2010. "Bankruptcy Law, Majority Rule, and Private Ordering in England and France (Seventeenth-Nineteenth Century)," Working Papers hal-01069444, HAL.
    13. Jérôme Sgard, 2010. "Bankruptcy Law, Majority Rule, and Private Ordering in England and France (Seventeenth-Nineteenth Century)," SciencePo Working papers Main hal-01069444, HAL.
    14. Barry E. Adler, 2012. "Game-Theoretic Bankruptcy Valuation," The Journal of Legal Studies, University of Chicago Press, vol. 41(1), pages 209-238.

    More about this item

    JEL classification:

    • D86 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Economics of Contract Law
    • G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
    • G34 - Financial Economics - - Corporate Finance and Governance - - - Mergers; Acquisitions; Restructuring; Corporate Governance
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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