Bankruptcy laws and debt renegotiation

This paper analyzes the effect of the toughness of bankruptcy law on the number of liquidations in a simple model of borrowing and lending with asymmetric information, where the creditor cannot credibly commit to liquidate the firm if the default occurs. In our setting we consider a bankruptcy law to be a one-dimensional variable that influences creditor's expectation value of collateral. We find that there is an interval of the bankruptcy law, where the number of liquidations decreases in the toughness of the bankruptcy law. We also find that if the liquidation costs are high, softer bankruptcy law is preferred.     

Debtor-in-possession financing

Several recent papers have documented the benefits of debtor-in-possession (DIP) financing in the restructuring of firms in Chapter 11. However, the view on benefits is not unanimous and some legal scholars have raised doubts about DIP financing's effects on debt-holders and the possibility of expropriative wealth transfers. In this paper we address this issue by analyzing both stock and bond price data for a comprehensive sample of DIP loans and find significant positive abnormal stock and bond returns at the announcement of DIP loans. Also, we do not find evidence of wealth transfers from junior to senior debt-holders. Further, we examine the DIP loan process in detail and we document important institutional features of DIP loans such as maturity, covenants, fees and interest charges. We find evidence of intense monitoring using covenants. We also find higher fees and charges associated with DIP loans. We argue that overall the results are consistent with the information processing role of financial intermediaries.     

金融机构市场退出的法律问题研究

金融机构市场退出法律制度是金融生态的有机组成部分，其健全与否会严重影响金融生态的和谐发展。然而，我国当前却缺乏规范、有效的市场退出法律制度，特别是金融机构接管、撤销、破产三大法律规范存在严重缺憾，亟待加以完善。     

个人所得税地区间汇算清缴方法研究

综合与分类相结合的个人所得税制改变了个人所得税按来源地缴纳和分享的模式。个人综合所得的所得税征收时实行预扣预缴和次年汇算清缴制度。当个人综合所得来源于多个地区时,需要在不同预扣预缴地区间进行汇算清缴。如何在不同收入来源地分配税收成为地区间汇算清缴制度设计的重要关键。本文首次从税收创造和税后收益分配角度,建立了两个税收分配的合作博弈模型。比较分析发现,使用解决"破产问题"的方法都是把地区的所得和总税收作为给定的参数,没有考虑地区所得和税收之间的生成关系和累进税率。我们的研究证明夏普利值作为合作博弈的解,具有公平性、效率性和单调性,是个人所得税地区间分配方式的合适选择。     

The minimum variance hedge and the bankruptcy risk of the firm

In this paper, we analyze the influence of hedging with forward contracts on the firm's probability of bankruptcy (POB). The minimization of this probability can serve as a substitute for the maximization of shareholders' wealth. It is shown that the popular minimum variance hedge is generally neither necessary nor sufficient for the minimization of the firm's POB. Moreover, our model suggests a correction of the widespread view that a reduction in the variance of the future value of the firm is inevitably accompanied by a reduction in its default risk. We derive an analytical solution for the variance-minimizing hedge ratio of a firm exposed to both input and output price uncertainty that takes into account the issue of correlation. Based on this solution, we provide a graphical analysis to prove our claim that there is a fundamental difference between hedging policies focused on bankruptcy risk and those following conventional wisdom even if positive correlation constitutes a “natural” hedge.     

RECENT DEVELOPMENTS IN CONSUMER CREDIT AND DEFAULT LITERATURE

This survey discusses recent contributions to the quantitative literature on unsecured consumer debt and default, and some ongoing challenges for the literature. Key topics include the sources of the rise in personal bankruptcies, the importance of asymmetric information and the effects of developments in information technologies on consumer credit markets, delinquency and informal bankruptcy, debt collection and restructuring of distressed debt, the cyclical behavior of consumer debt and default, and the insurance role of household debt. Implications for welfare analysis and policy design are discussed. Several theoretical contributions and approaches to modeling the consumer credit markets are also highlighted.     

The effects of handling outliers on the performance of bankruptcy prediction models

Ratio type financial indicators are the most popular explanatory variables in bankruptcy prediction models. These measures often exhibit heavily skewed distribution because of the presence of outliers. In the absence of clear definition of outliers, ad hoc approaches can be found in the literature for identifying and handling extreme values. However, it is not clear how these different approaches can affect the predictive power of models. There seems to be consensus in the literature on the necessity of handling outliers, at the same time, it is not clear how to define extreme values to be handled in order to maximize the predictive power of models. There are two possible ways to reduce the bias originating from outliers: omission and winsorization. Since the first approach has been examined previously in the literature, we turn our attention to the latter. We applied the most popular classification methodologies in this field: discriminant analysis, logistic regression, decision trees (CHAID and CART) and neural networks (multilayer perceptron). We assessed the predictive power of models in the framework of tenfold stratified crossvalidation and area under the ROC curve. We analyzed the effect of winsorization at 1, 3 and 5% and at 2 and 3 standard deviations, furthermore we discretized the range of each variable by the CHAID method and used the ordinal measures so obtained instead of the original financial ratios. We found that this latter data preprocessing approach is the most effective in the case of our dataset. In order to check the robustness of our results, we carried out the same empirical research on the publicly available Polish bankruptcy dataset from the UCI Machine Learning Repository. We obtained very similar results on both datasets, which indicates that the CHAID-based categorization of financial ratios is an effective way of handling outliers with respect to the predictive performance of bankruptcy prediction models.     

Bankruptcy prediction for small- and medium-sized companies using severely imbalanced datasets

Bankruptcy prediction is still important topic receiving notable attention. Information about an imminent bankruptcy threat is a crucial aspect of the decision-making process of managers, financial institutions, and government agencies. In this paper, we utilize a newly acquired dataset comprising financial parameters derived from the annual reports of small- and medium-sized companies. The data, which reveal the true ratio between bankrupt and non-bankrupt companies, are severely imbalanced and only contain a small fraction of bankrupt companies. Our solution to overcome this challenging scenario of imbalanced learning was to adopt three one-class classification methods: a least-squares approach to anomaly detection, an isolation forest, and one-class support vector machines for comparison with conventional support vector machines. We provide a comprehensive analysis of the financial attributes and identify those that are most relevant to bankruptcy prediction. The highest prediction performance in terms of the geometric mean score is 91%. The results are validated on two datasets from the manufacturing and construction industries.     

Insolvent trading and voluntary administration in Australia: economic winners and losers?

Australian directors who incur debts while their companies are insolvent can be pursued by the corporate regulator for compensation when their companies fail. Under the Australian insolvent trading laws, directors no longer experience ‘true’ limited liability, and as expected, they adjust their behaviour as a result. Identifying director's rational behaviour in an insolvent trading world is difficult as there are no formal economic models of director decision-making under Australian current corporate law. In this paper, we develop such a model primarily for private companies. We incorporate the threat of insolvent trading as well as director's tactical use of voluntary administration to avoid insolvent trading litigation. We show that neither a combination of insolvent trading or voluntary administration can simultaneously ensure creditors-best outcomes, eliminate insolvent trading and reduce director underinvestment.     

How do bankruptcy laws affect entrepreneurship development around the world?

How do bankruptcy laws as formal institutions affect entrepreneurship development around the world? Do entrepreneur-friendly bankruptcy laws encourage more entrepreneurship development at a societal level? We posit that if bankrupt entrepreneurs are excessively punished for failure, they may give up potentially high-return but inherently high-risk opportunities to start new businesses. Amassing a cross-country database from 29 countries spanning 19 years (1990-2008), we find that lenient, entrepreneur-friendly bankruptcy laws are significantly correlated with the level of entrepreneurship development as measured by the rate of new firm entry.