The Economics of Bankruptcy Reform

The Economics of Bankruptcy Reform
Author: Philippe Aghion
Publisher:
Total Pages: 78
Release: 1992
Genre: Bankruptcy
ISBN:

We propose a new bankruptcy procedure. Initially, a firm's debts are cancelled, and cash and non-cash bids are solicited for the 'new" (all-equity) firm. Former claimants are given shares, or options to buy shares, in the new firm on the basis of absolute priority. Options are exercised once the bids are in. Finally, a shareholder vote is taken to select one of the bids. In essence, our procedure is a variant on the U.S. Chapter 7, in which non-cash bids are possible; this allows for reorganization. We believe our scheme is superior to Chapter 11 since it is simpler, quicker, market-based, avoids conflicts, and places appropriate discipline on management.

Resolution of Financial Distress

Resolution of Financial Distress
Author: Stijn Claessens
Publisher: World Bank Publications
Total Pages: 428
Release: 2001-01-01
Genre: Law
ISBN: 9780821349069

The understanding of the economic and legal structure of the institutions of bankruptcy has increased considerably over the past decade. This publication describes the state of current knowledge. Containing both theoretical studies and evidence from recent case studies, it shows the possibilities and methods of legal reform and the pitfalls of misguided political action.

Debt's Dominion

Debt's Dominion
Author: David A. Skeel Jr.
Publisher: Princeton University Press
Total Pages: 296
Release: 2014-04-24
Genre: Business & Economics
ISBN: 1400828503

Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.

Bankrupt

Bankrupt
Author: Terence Halliday
Publisher: Stanford University Press
Total Pages: 537
Release: 2009-04-20
Genre: Social Science
ISBN: 0804760756

Through the lens of the Asian Financial Crisis, this book documents how international organizations and national governments crafted legal responses, through corporate bankruptcy reforms, to the fragility of financial markets in East Asia and worldwide.

Bankruptcy

Bankruptcy
Author: Joseph Spooner
Publisher: Cambridge University Press
Total Pages: 309
Release: 2019-04-11
Genre: Business & Economics
ISBN: 1107166942

Excessive household debt has allowed for economic growth, but this model has become increasingly unstable. Spooner examines bankruptcy law as a potential solution.

The Oxford Handbook of Law and Economics

The Oxford Handbook of Law and Economics
Author: Francesco Parisi
Publisher: Oxford University Press
Total Pages: 593
Release: 2017
Genre: Business & Economics
ISBN: 0199684200

The Oxford Handbook of Law and Economics applies the theoretical and empirical methods of economics to the study of law. Volume 2 surveys Private and Commercial Law.

The Economics of Bank Bankruptcy Law

The Economics of Bank Bankruptcy Law
Author: Matej Marinč
Publisher: Springer Science & Business Media
Total Pages: 170
Release: 2011-09-18
Genre: Business & Economics
ISBN: 3642218075

This book shows that a special bank bankruptcy regime is desirable for the efficient restructuring and/or liquidation of distressed banks. It explores in detail both the principal features of corporate bankruptcy law and the specific characteristics of banks including the importance of public confidence, negative externalities of bank failures, fragmented regulatory framework, bank opaqueness, and the related asset-substitution problem and liquidity provision. These features distinguish banks from other corporations and are largely neglected in corporate bankruptcy law. The authors, an assistant professor for money and finance and a research economist at the Dutch Central Bank, propose changes in both prudential regulation and reorganization policies that should allow regulators and banking authorities to better mitigate disruptions in the financial system and minimize the social costs of bank failures. Their recommendations are complemented by a discussion of bank failures from the 2007–2009 financial crisis.