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Are Bankruptcy Professional Fees Excessively High?

Author

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  • Samuel Antill

Abstract

Chapter 7 is the most popular bankruptcy system for U.S. firms and individuals. Chapter 7 professional fees are substantial. Theoretically, high fees might be an unavoidable cost of incentivizing professionals. I test this empirically. I study trustees, the most important professionals in chapter 7, who liquidate assets in exchange for legally mandated commissions. Exploiting kinks in the commission function, I estimate a structural model of moral hazard by trustees. I show that a policy change lowering trustee fees would harm trustee incentives, reducing liquidation values. Nonetheless, such a policy would dramatically improve creditor recovery, increasing small-business-lender recovery by 15.7%.

Suggested Citation

  • Samuel Antill, 2024. "Are Bankruptcy Professional Fees Excessively High?," The Review of Financial Studies, Society for Financial Studies, vol. 37(12), pages 3595-3647.
  • Handle: RePEc:oup:rfinst:v:37:y:2024:i:12:p:3595-3647.
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    File URL: http://hdl.handle.net/10.1093/rfs/hhae057
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    More about this item

    Keywords

    G33; G38; K22;
    All these keywords.

    JEL classification:

    • G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
    • G38 - Financial Economics - - Corporate Finance and Governance - - - Government Policy and Regulation
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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