Bankruptcy as a deliberate strategy: Theoretical considerations and empirical evidence

Bankruptcy and bankruptcy reorganizations have been identified as remedies for financial distress, but there is little agreement on their value to firms, managers, and the general economy. This paper provides a brief review of proposed bankruptcy strategies and some alternative views about their costs and benefits followed by an empirical study of the outcomes of 73 bankruptcies and subsequent reorganization efforts. The evidence suggests that there are few successful reorganizations, bankruptcy is a costly response to financial distress, and managerial choice in bankrupt firms is highly constrained by forces external to the firm. The diversity of stakeholder interests limits the value of global judgements about success or failure of bankruptcy strategies. Firm size dominates all other factors in predicting success in completing the reorganization process. Delayed filings primarily reflect failed efforts to avoid bankruptcy, not deliberate strategies. Reasons for the use of bankruptcy in spite of its high costs are discussed.     

Bankruptcy Exemption,Home Equity and Mortgage Credit

This article examines the impact of state bankruptcy homestead exemptions on mortgage application outcomes. The empirical analysis controls for endogeneity problems by focusing on 55 urban areas that cross state borders using the Home Mortgage Disclosure Act files from 2001 to 2008. The results indicate that holding the loan‐to‐value ratio constant, a more generous homestead exemption encourages borrowers to buy more housing and take out larger mortgages. However, holding house value constant, a more generous homestead exemption discourages mortgage borrowing and results in more home equity. Moreover, benefits of the homestead exemption outweigh the costs of it to mortgage lenders.     

The Solar Shakeout – Capital Market Reactions to Bankruptcy Announcements in the German Solar Industry

This paper investigates how bankruptcy announcements in the German solar industry affect the stock market returns of announcing firms and their competitors. We show that German solar firms experience negative capital market reactions to their own bankruptcy announcements and to the announcements of their competitors. Cross-sectional analysis reveals that these negative information externalities are magnified by higher leverage. Further analysis also indicates that these negative information externalities are valuable predictors in short-term default probability models.     

An Analysis of REIT Security Issuance Decisions

This article tests the ability of traditional capital structure theories to explain the issuance decisions of real estate investment trusts (REITs). For issuances made between 1997 and 2006, we find strong support for the market timing theory of capital structure. Controlling for past returns and growth, a REIT is more likely to issue equity when its price-to–net asset value ratio is high. This suggests that REITs issue equity in public markets when the cost of equity capital is lower in the public market than in the private market. Consistent with traditional market timing, REITs are more likely to issue equity after experiencing large price increases. We also find some support for REITs following the trade-off theory of capital structure. REITs are less likely to issue debt when proxies for expected bankruptcy costs are high.     

The Effect of Lead Paint Abatement Laws on Rental Property Values

Lead paint is a source of childhood lead poisoning, a vicious disease with high costs to both the victims and society. Treatment of the disease requires placing the victim in a lead-free environment. Laws have been enacted by many localities, which would require removal of lead from residential property. However, property owners have resisted the enforcement of these laws with threats of abandonment. Theory suggests that abandonment will occur only if the value of the rental property after removal of the paint is less than the cost of removal. This paper shows that these costs have already been discounted into property values. Data from Baltimore, Maryland indicates that the market has placed a value of approximately $15,250 per structure or $3,813 per rental unit on expected abatement costs. This value in most cases is less than the value of the rental property. Thus abandonment should occur infrequently.     

Bargaining and brinkmanship : Capital structure choice by regulated firms

A bargaining model of regulation is developed. It is shown that regulated firms can improve their bargaining positions and induce the regulator to set higher prices for firm output by choosing more debt. Firms, in choosing an optimal level of debt, trade off this bargaining advantage against expected bankruptcy costs. The model predicts that firms would tend to choose higher levels of debt in harsher regulatory environments. This prediction is shown to be consistent with cross-sectional evidence for U.S. electric utilities for the sample period 1972–1983.     

Sale before Completion of Development: Pricing and Strategy

The paper examines the risk-and-return characteristics of a popular development strategy, the presale system (or sale before completion), used in many Asian cities. We model a presale decision in a real-options framework and suggest that the use of presale is primarily for a risk-sharing purpose. That is, developers can reduce bankruptcy and marketing risks by selling (or leasing) their projects before their completion dates. Our model also indicates that, because of the presale system, there is a barrier for new developers to enter into a market, which helps explain the anecdotal observation that most real estate markets in Asian cities are oligopolistic in nature and dominated by large developers.     

劣势煤炭企业实施关闭破产的障碍与对策

指出劣势煤炭企业会导致国有重点煤炭企业整体素质下降、市场竞争能力弱化、经济效益滑坡,如不对这些劣势煤炭企业实施关闭破产等退出机制,将制约我国煤炭工业的发展。阐述了煤炭企业实施关闭破产的意义,分析了劣势煤炭企业实施关闭破产存在的障碍,并提出对策与建议。     

GOVERNANCE PATTERNS IN BANKRUPTCY REORGANIZATIONS

Recent research has suggested that effective monitoring may assist firms in preventing an eventual bankruptcy filing. Audit committees, board subgroups responsible for monitoring and evaluating the financial health of the firm, may exhibit varying degrees of effectiveness in monitoring firms' decline as a function of their composition. Another monitoring body which has become increasingly important in the corporate community is institutional investors. This study investigates the extent to which audit committee composition and institutional investor holdings are related to the incidence and nature (prepackaged plans and length of time spent in reorganization) of firms bankruptcy filings. Results demonstrate no association between affiliated director representation on audit committees or institutional holdings and the incidence of bankruptcy. These two monitoring groups are, however, associated with the nature of bankruptcy filing. Both audit committee composition and the level of institutional holdings are significantly related to a prepackaged filing and the length of time spent in reorganization during the 5-year period preceding a bankruptcy filing.     

Examining the influence of service additions on manufacturing firms' bankruptcy likelihood

By evaluating secondary data from 74 bankrupt manufacturers and 199 matched non-bankrupt competitors, this study investigates the relationship of manufacturers' service offerings to their survival. While showing that the number of services offered is not significantly associated with bankruptcy likelihood, the results suggest that greater numbers of product-related and product-unrelated service offerings do reduce bankruptcy likelihood when properly complemented by firm-level contextual factors. Offering more product-related services causes bankruptcy likelihood to decrease for those companies that have a sufficiently diversified product business. In turn, companies with sufficient slack resources can expect bankruptcy likelihood to be reduced from the offering of more product-unrelated services. In contrast, companies should not expect that successful product sales performance will increase their chances of survival by focusing on product-dependent services. In light of these findings, this study challenges the notion from conceptual literature that additional services per se increase the chances of firm survival; it extends prior empirical studies in uncovering critical firm-level context effects; and it proposes portfolio theory as a theoretical foundation to examine manufacturers' service expansions.     

Rent Controls in Ontario: Roofs or Ceilings?

This paper describes the rent control program in Ontario and discusses the consequences of these controls. It indicates that rent controls caused both a small nominal decline and a large real decline in the per unit value of rental apartments, substantially reduced new rental housing starts, generated a rental housing shortage, created a dual market with significant rent differences between the controlled and uncontrolled (new construction) sectors, and imposed large costs on government in the form of foregone tax revenues and increased rental housing subsidies. The paper also indicates some of the political responses to the developing economic effects, such as the imposition of additional land use controls and increased government spending programs to stimulate new rental construction.     

The intentional use of chapter XI: Lingering versus immediate filing

This paper focuses on the timing, i.e. delay or accelerate, of the declaration of Chapter XI prior to financial insolvency. Chapter XI can be declared by firms who believe that the firm can emerge from bankruptcy protection as a re-vitalized organization. The timing of its selection is proposed to be a function of the level of environmental adversity and organizational attributes, especially slack resources. Recent developments in the bankruptcy code and its usage by firms, suggest the increasing use of managerial prerogative in the selection of Chapter XI prior to financial insolvency. Chapter XI protection can allow firms the necessary time for effective reorganization if managerial intervention is exercised. As a result of a more precise timing of selection and a proactive reorganization, there will be a higher probability of re-emerging from bankruptcy as a revitalized organization.     

Corporate governance and the bankrupt firm: An empirical assessment

The incidence of bankruptcy has risen dramatically among firms of all types and sizes in the past decade. Little is known, however, about the effects of alternative governance structures on the propensity of an organization to file Chapter 11 bankruptcy. Relying on logistic regression for periods 5 years and 3 years prior to the bankruptcy, as well as the contemporaneous period, we examine the relationships among independent/interdependent board composition and the structure of CEO/board chairperson positions and the filing of bankruptcy. While controlling for a series of financial indicators and firm size, the results illustrate robust explanatory power for the governance variables for both lagged periods.     

Determinants of capital structure of australian trading banks

Using pooled time series/cross section data of Australian trading banks over the 1967–1988 period, this study examines the determinants of bank capital ratios. Little evidence is found to support the tax benefit/bankruptcy cost trade-off, whereas evidence is broadly consistent with the predictions of Myers' pecking order theory in the presence of transactions costs and asymmetric information. Institutional factors, including bank deregulation and type of bank, are also significant determinants of capital management of Australian trading banks.The author is from the University of New South Wales, Kensington, N.S.W. Thanks are due to Neil Esho, Paul Gatward, Warren Hogan, Michael Skully and two anonymous referees for helpful comments on earlier drafts of this paper.     

Job Safety and Contract Workers in the Petrochemical Industry

The legal rules for assigning liability for the costs of accidents penalize petrochemical plants that exercise direct control over contract employees. Evidence from diverse sources indicates that these liability rules lead plant management to give primary responsibility for the safety training and supervision of contract employees to contractors. However, analysis of the determinants of accidents suggests that host plants offer more effective safety training and supervision than do contractors. It follows that accident rates in the petrochemical industry would be reduced if liability rules were altered so that host plants had greater incentives to take primary responsibility for the safety training and supervision of contract workers.     

Industrial Real Estate Mortgage Default Experience of the New York State Job Development Authority Second Loan Program: A Preliminary Investigation

This paper explores the loan loss experience of a public industrial lending authority, employing contemporaneous borrower net equity as a link to mortgage loan default. The relationship between default, net equity and bankruptcy is tested on a small longitudinal data set of loans using nonparametric statistics and a proportional hazard model. Results show that negative net equity and firm bankruptcy are strongly associated with default among the study population. Further, the borrowers studied did not exercise the put option promptly, suggesting potential benefits from monitoring net equity one year or more prior to default.     

澳大利亚法律在公司破产活动中进行的环境保护

如何在公司破产活动中进行环境保护是一个亟待解决的难题。澳大利亚利用相关法律从财产管理人、自愿管理人、清算人、破产从业人、特殊措施五方面具体规定出发恰到好处地实现了公司破产活动中环境保护之注重。它在立法理念、强化公司破产活动中当事人环保义务、增设特殊环境保护措施上给我国未来立法留下了较大启示价值。     

论破产管理人制度

破产管理人是破产程序中一个最重要的组织机构，他参与破产程序的全过程，具体管理破产程序中的各项事务。文章通过新旧破产法相关制度的对比分析。对破产管理人的选任、权利、义务、责任以及监督机制等法律问题进行了简要论述。     

公司治理和破产关系的理论与实证研究——基于董事会结构和国有股比例的分析

本文应用代理模型系统地论述了公司治理与破产之间的关系,并在理论分析的基础上,基于中国上市公司的样本数据,运用实证方法直接对董事会结构和国有股比例等公司治理变量与破产(而不是财务困境)之间的关系进行了研究。研究结果表明:公司治理变量对公司破产有显著的解释和预警作用,但是,公司治理发挥作用的程度和用于预警的信息含量具有一定的时效性;公司治理变量与公司破产之间的关系比较复杂,但是国有股持股比例对公司破产概率有显著的影响,要注意董事长—总经理的两职合一与较低国有股持股比例的交叉作用对上市公司价值所可能带来的负面影响。     

Bankruptcy risk,firm-specific managerial human capital,and diversification

This paper proposes a model in which firm diversification acts as an efficient form of nonpecuniary compensation for the manager. In the model diversification rewards the manager by reducing the likelihood of bankruptcy which in turn increases the expected value of his firm-specific human capital. Unlike the principal-agent model of diversification, this model shows that diversification may be optimal even if the manager is risk neutral and his behavior can be observed by firm owners.I thank Nasser Arshadi, Susan Feigenbaum, David Hakes, Thomas Ireland, Roger Sherman, and Robert Sorensen for their comments and suggestions.