Consumer Bankruptcies and the Bankruptcy Reform Act: A Time-Series Intervention Analysis, 1960–1997

The Bankruptcy Reform Act of 1978, effective on October 1, 1979, significantly altered the basic rules by which consumers file for bankruptcy. Between 1979 and 1997, the number of nonbusiness bankruptcies filed annually rose from 200,000 to 1.35 million, and the rate of bankruptcies per 100,000 adults increased from 129 to 715. A controversial aspect of bankruptcy is how much of this increase can be attributed to the 1978 act. Early empirical studies provide estimates ranging from a low of 6% to a high of 75% for the immediate post-act period. However, two recent studies using longer data series report that none of the increase was due to the act. Previous studies suffer from several econometric problems, including inadequate attention to stochastic properties and stationarity of the data series, as well as data errors due to reporting changes. This paper uses an ARIMA intervention analysis to estimate the impact of the 1978 act. Using adjusted quarterly data for 1960:3 to 1995:4, the data first are examined for unit roots. The tests reject the presence of seasonal unit roots but confirm the presence of a nonseasonal unit root. The empirical analysis therefore is based on logged first differences of bankruptcy filings and filing rates per capita. An ARIMA model is estimated using the preintervention data for 1960:3 to 1979:3. This model is re-estimated for 1960:3 to 1995:4 with the intervention terms included. The intervention model estimates indicate that the 1978 act increased consumer bankruptcies by 36% in the post-act period relative to the pre-act period, or about 72,400 additional bankruptcies per year. Overall, the net impact of the 1978 act was modest compared to the substantial rise in bankruptcies that has occurred since 1979.     

Risk,Capital, and Operating Efficiency: Evidence from Taiwan’s Life Insurance Market

ABSTRACT

In this article, we investigate the relationships among risk, capital, and operating efficiency for Taiwanese life insurance companies from 2004 to 2009 by using the two-stage least-square approach. We find a positive relation between inefficiency and product risk. At the same time, efficient insurers are seen as taking higher asset risk than inefficient insurers. A contrasting finding also shows that the relationship between capital and product risk is positive, while the relationship between capital and asset risk is negative. Moreover, we present a negative relationship between inefficiency and capital level, indicating that well-capitalized insurers operate more efficiently than poorly capitalized insurers.     

Do Bankruptcy Codes Matter? A Study of Defaults in France,Germany, and the U.K.

Using a sample of small firms that defaulted on their bank debt in France, Germany, and the United Kingdom, we find that large differences in creditors' rights across countries lead banks to adjust their lending and reorganization practices to mitigate costly aspects of bankruptcy law. In particular, French banks respond to a creditor‐unfriendly code by requiring more collateral than lenders elsewhere, and by relying on collateral forms that minimize the statutory dilution of their claims in bankruptcy. Despite such adjustments, bank recovery rates in default remain sharply different across the three countries, reflecting very different levels of creditor protection.     

Genetics and Insurance: What have we Learned So Far?

Genetics and insurance is an area unusually exposed to rapid scientific advance, close public and political scrutiny, and popular myth. It may be leading the way towards evidence-based underwriting. This survey paper describes some of the experience gained since actuarial involvement began in the mid-1990s, particularly the vital link with genetic epidemiology. We survey the relevant aims and outputs of genetic epidemiology, mainly relating to single-gene disorders, and the use of genetic epidemiology in actuarial models. The part that actuarial models might play in evidence-based approaches to underwriting and policy-making is discussed.     

Should Derivatives Be Privileged in Bankruptcy?

Derivatives enjoy special status in bankruptcy: they are exempt from the automatic stay and effectively senior to virtually all other claims. We propose a corporate finance model to assess the effect of these exemptions on a firm's cost of borrowing and incentives to engage in derivative transactions. While derivatives are value‐enhancing risk management tools, seniority for derivatives can lead to inefficiencies: it transfers credit risk to debtholders, even though this risk is borne more efficiently in the derivative market. Seniority for derivatives is efficient only if it provides sufficient cross‐netting benefits to derivative counterparties that provide hedging services.     

Do Property–Casualty Insurance Firms Locate to Minimize Insurance Premium Taxes?

States levy insurance premium taxes, which are essentially gross receipt taxes on premiums, with insurance companies paying the higher of the tax rate in the state in which the company is domiciled and the state in which the policy is written. Using firm‐level data for the property–casualty (P‐C) insurance industry, we estimate the extra insurance premium tax that P‐C insurance firms pay by not locating in the state that minimizes their insurance premium taxes. We find that only 4.78 percent of P‐C firms are located in the state that minimizes their insurance premium taxes. We explore the relationship between the extra tax paid and other factors that are thought to be associated with firm location choice. We find that P‐C firms appear to trade off higher taxes to locate in a state that is more urban.     

Corporate Bankruptcy in Korea: Only the Strong Survive?

We analyze whether the build‐up of financial vulnerabilities led listed Korean companies to bankruptcy. We find that pre‐crisis leverage is systematically high for both poor performing/slow growing firms and for profitable/fast‐growing firms. Pre‐crisis leverage raises the probability of bankruptcy, which is lower for firms: (1) relying more on (renegotiable) bank credit; (2) with less inter‐firm debt; and (3) having higher interest coverage ratios. Finally, none of these liquidity variables help predict bankruptcies for chaebol‐firms, suggesting that liquidity constraints are more stringent for non‐chaebol. Thus, in a systemic crisis it is not only the strong/healthy that survive.     

China's new Enterprise Bankruptcy Law—A great leap forward,but just how far?

The closure of many small and medium enterprises (SMEs) following the global financial crisis of 2008 spurred the Chinese government to follow its international counterparts in issuing an economic stimulus package. While it was effective in preventing many financially distressed SMEs from failure by boosting demand for its businesses, in the long run, such SMEs should be rescued through a statutory regime, which affords them temporary protection from creditors and provides them an opportunity to restructure their businesses. In doing so, the premature liquidation of SMEs would be prevented and SMEs with viable businesses but in temporary financial difficulties would be given a chance to succeed again. Although China's new Enterprise Bankruptcy Law (EBL) has shortcomings, it improves upon its predecessor legislation and, since it is still at an infantile stage of development, is bound for further reform. Despite the EBL's success in bringing Chinese corporate bankruptcy laws in line with international standards, full compliance with the UNCITRAL Model Law on Cross‐Border Insolvency and UNCITRAL Legislative Guide on Insolvency Law remains to be seen. In September 2008, the South China Morning Post newspaper reported that the number of (applications for) corporate reorganization and bankruptcy cases had dropped, “leading to widespread speculation there are problems in the law's practical application”. 1 This article examines the implementation of the EBL, critiques key aspects of the EBL and argues for a comprehensive assessment of the EBL and for bringing the EBL in full compliance with the international standards on cross‐border insolvency. Copyright © 2010 John Wiley & Sons, Ltd.     

Insurance and the public–private management of risk at US commercial nuclear power plants

This article examines the public–private partnership between the federal government, private insurers, and power companies that enabled the development of commercial nuclear power generation during the 1950s and its evolution to the present day. The public–private process of nuclear insurance development and its impact on nuclear safety is examined through the lens of the Price–Anderson Act enactment and subsequent renewals. The purpose is to show how commercial nuclear insurance evolved over time, and how the indemnification of potentially catastrophic losses influenced the safety behavior of operators, regulators, and other institutions. Evidence is presented demonstrating the relationship between nuclear insurance and safety, using insurance liability and property premiums, and key measures of nuclear safety.     

Don't They Care? Or,Are They Just Unaware? Risk Perception and the Demand for Long‐Term Care Insurance

The potential need for long‐term care (LTC) is one of the greatest financial risks faced not only by the elderly but also by their adult children, who often provide care or financial assistance. We investigate adult children's role in the demand for LTC insurance. Similar to flood insurance, we find that demand for LTC insurance is low due to low risk perception. The more aware adult children are of the risk, the more likely LTC insurance is to be purchased, either by the children themselves on behalf of their parents or by the parents under the influence of their children.     

Insurance Tips System to Be Launched in June

From June 1 on, the system of Insurance Tips will be implemented, which requires insurance companies or agencies to perform their obligations for informing in their sales and service activities, and tips will be given to the consumers for purchasing insurance policy. According to the requirements of Beijing Insurance Supervision Bureau, the current insurance for automobiles, and life insurance, dividends life insurance, joint life insurance and omnipotent life insurance will adopt this system first. It is disclosed by an insider of Beijing Insurance Supervision Bureau that this system is mainly to advise insurance consumers to be careful in buying an insurance policy to avoid risks caused by carelessness.     

Are Territorial Rating Models Outdated in Residential Property Insurance Markets? Evidence From the Florida Property Insurance Market

The fundamental shift in rating methodology from historical loss costs to catastrophe modeling for windstorm coverage calls into question the accuracy of rates developed using rating territories. Using premiums and modeled average annual loss (AAL) estimates from Citizens Property Insurance Corporation (Citizens) in Florida, this article analyzes the use of distance to coast (DtC) as a rating variable in providing coverage for the windstorm peril in homeowners insurance. Catastrophe models used to generate AAL costs do not rely on the same application of the law of large numbers as using historical loss costs and thus allows for more granular pricing of the windstorm peril. The results show that DtC, a rating variable that is property specific, more closely aligns premiums and AALs than territorial rating, and allows more granular pricing of the windstorm peril. More granular risk based pricing provides better incentives for homeowners regarding location and mitigation choices and may help reduce aggregate exposure to windstorm damages in the long run.     

Insurance markets and unisex tariffs: is the European Court of Justice improving or destroying welfare?

We analyze the effects of mandatory unisex tariffs in insurance contracts, such as those required by a recent ruling of the European Court of Justice, on equilibrium insurance premia and equilibrium welfare. In a unified framework, we provide a quantitative analysis of the associated insurance market equilibria in both monopolistic and competitive insurance markets. We investigate the welfare loss caused by regulatory adverse selection and show that unisex tariffs may cause market distortions that significantly reduce overall social welfare.     

The impact of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 repo ‘safe harbor’ provisions on investors

ABSTRACT

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 significantly expanded the exemptions from the normal workings of the U.S. Bankruptcy Code. Using a large sample of U.S. banks, we study investors’ reaction to news about the promulgation of the BAPCPA repo ‘safe harbor’ provisions and the influence extending such exemptions to repos collateralized by riskier collateral had on equity market information asymmetry. We find a negative market reaction to news events about the promulgation of BAPCPA, which subsequent cross-sectional analysis suggests is at least partly driven by repo exposure. This finding suggests that investors perceived the increase in finance risk from the extension of the ‘safe harbor’ provisions as dominating the perceived gain from accessing cheaper finance. Further, we find that the promulgation of BAPCPA gave rise to increased information asymmetry for banks with repo exposure.