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Out-of-Court Restructuring versus Formal Bankruptcy in a Non-Interventionist Bankruptcy Setting

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  • Philipp Jostarndt
  • Zacharias Sautner

Abstract

We investigate debt restructurings in Germany for a sample of 116 financially distressed companies. About half of the firms succeed in restructuring their debt in a workout while the others file for bankruptcy. Our evidence suggests that firms which have higher leverage, owe more debt to banks, and exhibit higher going concern values are more likely to conduct a workout. Bankruptcy is more likely for firms with deficient lender coordination and a high fraction of collateralized debt. An analysis of stock returns suggests that the market uses similar information to predict workouts. 84% of the bankrupt firms were ultimately liquidated. Copyright 2010, Oxford University Press.

Suggested Citation

  • Philipp Jostarndt & Zacharias Sautner, 2010. "Out-of-Court Restructuring versus Formal Bankruptcy in a Non-Interventionist Bankruptcy Setting," Review of Finance, European Finance Association, vol. 14(4), pages 623-668.
    • Handle: RePEc:oup:revfin:v:14:y:2010:i:4:p:623-668
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    File URL: http://hdl.handle.net/10.1093/rof/rfp022
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    Citations

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    Cited by:

    1. Mascia Bedendo & Lara Cathcart & Lina El‐Jahel, 2016. "Distressed Debt Restructuring in the Presence of Credit Default Swaps," Journal of Money, Credit and Banking, Blackwell Publishing, vol. 48(1), pages 165-201, February.
    2. HONDA Tomohito & ONO Arito & UESUGI Iichiro & YASUDA Yukihiro, 2023. "Anatomy of Out-of-court Debt Workouts for SMEs," Discussion papers 23088, Research Institute of Economy, Trade and Industry (RIETI).
    3. Ludovico Maria Cocco & Elisa Cavezzali & Ugo Rigoni & Giorgia Simion, 2024. "How does soft information on the causes of default affect debt renegotiation? The Italian evidence," Annals of Finance, Springer, vol. 20(1), pages 45-89, March.
    4. Hans Degryse & Yalin Gündüz & Kuchulain O'Flynn & Steven Ongena, 2020. "Identifying Empty Creditors with a Shock and Micro-Data," Swiss Finance Institute Research Paper Series 20-15, Swiss Finance Institute.
    5. Rachid Achbah, 2024. "Manager Characteristics and SMEs' Restructuring Decisions: In-Court vs. Out-of-Court Restructuring," Papers 2402.18135, arXiv.org.
    6. Błażej Prusak & Paweł Galiński, 2021. "Approval of an Arrangement in the Restructuring Proceedings and the Financial Condition of Companies Listed on the Stock Exchanges in Warsaw. Is There Any Relationship?," JRFM, MDPI, vol. 14(11), pages 1-16, November.
    7. Blazy, Régis & Martel, Jocelyn & Nigam, Nirjhar, 2014. "The choice between informal and formal restructuring: The case of French banks facing distressed SMEs," Journal of Banking & Finance, Elsevier, vol. 44(C), pages 248-263.
    8. Pascal François & Alon Raviv, 2014. "Heterogeneous Beliefs and the Choice Between Private Restructuring and Formal Bankruptcy," Cahiers de recherche 1401, CIRPEE.
    9. Arping, Stefan, 2014. "Credit protection and lending relationships," Journal of Financial Stability, Elsevier, vol. 10(C), pages 7-19.
    10. Blazy, Régis & Deffains, Bruno & Umbhauer, Gisèle & Weill, Laurent, 2013. "Severe or gentle bankruptcy law: Which impact on investing and financing decisions?," Economic Modelling, Elsevier, vol. 34(C), pages 129-144.
    11. Rachid Achbah, 2023. "Manager Characteristics and SMEs’ Restructuring Decisions: In-Court vs. Out-of-Court Restructuring," Post-Print hal-04279942, HAL.
    12. Huang, Jiang-Chuan & Huang, Chin-Sheng & You, Chun-Fan, 2015. "Bank relationships and the likelihood of filing for reorganization," International Review of Economics & Finance, Elsevier, vol. 35(C), pages 278-291.
    13. Zacharias Sautner & Vladimir Vladimirov, 2018. "Indirect Costs of Financial Distress and Bankruptcy Law: Evidence from Trade Credit and Sales [Bankruptcy codes and innovations]," Review of Finance, European Finance Association, vol. 22(5), pages 1667-1704.
    14. Jiang-Chuan Huang & Chin-Sheng Huang & Hueh-Chen Lin, 2013. "Firm Debt Renegotiation, Reorganization Filing and Bank Relationships," International Finance, Wiley Blackwell, vol. 16(3), pages 393-422, December.

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