试论个人破产与财务管理

本首先探讨了个人破产的历史渊源，然后论述我国当前实施自然人破产制度的必要性，再次提出完善和发展我国个人破产制度的具体对策，最后，探讨个人破产过程中的相关财务问题。     

台湾《消费者债务清理条例》评析及对大陆出台个人破产制度的展望

随着中国大陆地区社会主义市场经济体制的确立和深化,无论是在法律制度的设计上还是广大群众的观念接受程度,都需要一定的磨合期,再加上城乡二元结构的差异,使得中国大陆在个人破产制度的推动上难度较大。本文尝试借鉴台湾经验,期望对未来中国大陆个人破产制度的增修作一比较参考,使整体市场退出机制更加完善。     

The Limitations of Bankruptcy Prediction Models: Some Cautions for the Researcher

The purpose of this study is to demonstrate potential problems associated with the use of bankruptcy prediction models in current research. The tests in this study demonstrate the problems that may arise when bankruptcy prediction models are inappropriately applied. This analysis evaluated the Zmijewski (1984) and Ohlson (1980) models using time periods, industries, and financial distress situations other than those used to originally develop the models. The findings indicated that both models were sensitive to time periods. That is, the accuracy of the models declined when applied to time periods different from those used to develop the models. The findings also suggest that the accuracy of each model continues to decline moving from the 1988–1991 to the 1992–1999 sample period. Additionally, Ohlson's (Zmijewski's) model was (was not) sensitive to industry classifications. The findings of this study also suggest that the Ohlson and Zmijewski models are not sensitive to financial distress situations other than those used to develop the models. Thus, the models appear to be more generally useful for predicting financial distress, not just bankruptcy.In sum, the results of this study suggest that researchers should use bankruptcy prediction models cautiously. Applying the models to time periods and industries other than those used to develop the models may result in a significant decline in the models' accuracies. Additionally, some bankruptcy prediction models may be more appropriate for evaluating various forms of financial distress as opposed to just bankruptcy. To avoid erroneous applications of bankruptcy prediction models in the future, it is necessary for researchers not only to understand the uses of prediction models, but also to understand the limitations of the models.     

Strategic Bankruptcies and Price Reactions to Bankruptcy Filings

This study investigates whether the stock market differentiates between firms that file bankruptcy petitions for strategic reasons and firms that file bankruptcy petitions for financial reasons. We perform both univariate and regression tests on a sample of 245 firms that filed Chapter 11 bankruptcy petitions between 1981 and 1996. After controlling for bankruptcy outcome, probability of bankruptcy, firm financial condition, and firm size, we find that, in the period around bankruptcy filing, firms that file bankruptcy petitions for financial reasons have significantly larger stock price declines than firms that file bankruptcy petitions for strategic reasons.     

Prior Wall Street Journal Announcements of Possible Bankruptcy Filings and Price Reactions to Subsequent Bankruptcy Filings

This study examines the relation between prior Wall Street Journal (WSJ) announcements of possible bankruptcy filings and price reactions to subsequent bankruptcy filings for 336 firms that filed for bankruptcy between 1980 and 1993. Extant research indicates that price reactions to announcements of economic events are inversely related to the amount of surprise in the announcements. Prior WSJ anouncements of possible bankruptcy filings increase the markets a priori assessment of firms' probability of bankruptcy, thereby potentially reducing the surprise in subsequent bankruptcy filings. We hypothesize smaller price reactions to bankruptcy filings for firms where the WSJ previously published an article indicating that the firm may file for bankruptcy. Our results are consistent with this hypothesis. Specifically, we find smaller price reactions to bankruptcy filings for firms with prior WSJ announcements of possible bankruptcy filings. Our results hold after controlling for firm size, probability of bankruptcy, exchange listing, leverage, and predisclosure information.     

Predicting Bankruptcy Resolution

This study examines classification and prediction of the bankruptcy resolution event. Filing of bankruptcy is resolved through one of three alternative resolutions: acquisition, emergence or liquidation. Predicting the final bankruptcy resolution has not been examined in the prior accounting and finance literature. This post-bankruptcy classification and prediction of the final resolution is harder than discriminating between healthy and bankrupt firms because all filing firms are already in financial distress. Motivation for predicting the final resolution is developed and enhanced. A sample of 237 firms filing for bankruptcy is used. Classification and prediction accuracies are determined using a logit model. A ten-variable, three-group resolution logit model, which includes five accounting and five non-accounting variables is developed. The model correctly classifies 62 percent of the firms, significantly better than a random classification. We conclude that non-accounting data add relevant information to financial accounting data for predicting post bankruptcy resolution. Further, public policy implications for investors, researchers, bankruptcy judges, claimants and other stakeholders are discussed.     

The Accuracy and Incremental Information Content of Audit Reports in Predicting Bankruptcy

A series of corporate failures in which auditors failed to warn about impending bankruptcy led to widespread criticism of the UK auditing profession during the last recession. For a sample of 976 quoted companies (1987–94), this paper shows that there are two reasons why audit reports were not accurate or informative indicators of bankruptcy. First, audit reports poorly reflected publicly available information about the probability of bankruptcy. Secondly, strong persistence in audit reporting reduced the accuracy of audit reports     

The Interaction of Solvency with Liquidity and its Association with Bankruptcy Emergence

Prior research has shown that accounting information available prior to a bankruptcy is associated with the likelihood of bankruptcy. We show that additionally, the accounting information available prior to bankruptcy is associated with whether or not a firm will emerge from bankruptcy. We predict that firms that exhibit low solvency risk and high liquidity risk are most likely to emerge from bankruptcy. Firms that exhibit high solvency risk and high liquidity risk are predicted to be least likely to emerge from bankruptcy. Cross–sectionally, our results support these predictions, but our findings differ across large and small firms.     

Reporting Discretion and the Choice of Fresh Start Values in Companies Emerging from Chapter 11 Bankruptcy

Using a sample of seventy-two firms that adopted fresh start reporting upon their emergence from Chapter 11 bankruptcy, I test whether management estimates of fresh start equity values are misstated and whether such misstatements are related to characteristics of individual firms' bankruptcy process. I predict that the reported fresh start value reflects a tension between managerial incentives to promote the acceptance of the plan of reorganization, and incentives to enhance future reported performance. I test whether the tendency to overstate the fresh start equity value is increasing in factors affecting the acceptance of the reorganization plan (i.e., bankruptcy claimants' relative bargaining power) and decreasing in factors affecting postbankruptcy reported performance (i.e., the probability of future losses). I find that, relative to the market value of equity immediately after emergence from Chapter 11, the fresh start equity value is, on average, understated by about 4%. The difference between the fresh start equity value and market value also exhibits significant cross-sectional variation (an average absolute error of 11%). Consistent with my first prediction, the misstatement is increasing in the relative bargaining power of junior claimants. In contrast to my second prediction, the misstatement is also increasing in the likelihood of future reported losses. This result suggests that firms that are more likely to experience postbankruptcy financial distress are more concerned with obtaining acceptance for their plan than with the effects of the fresh start equity value on postbankruptcy performance. Finally, I document that the misstatement in the fresh start equity value is negatively related to whether firms have undergone prepackaged bankruptcies, and positively related to replacement of a prebankruptcy CEO.     

An Empirical Analysis of Personal Bankruptcy and Delinquency

This article uses a new dataset of credit card accounts to analyzecredit card delinquency, personal bankruptcy, and the stabilityof credit risk models. We estimate duration models for defaultand assess the relative importance of different variables inpredicting default. We investigate how the propensity to defaulthas changed over time, disentangling the two leading explanationsfor the recent increase in default rates—a deteriorationin the risk composition of borrowers versus an increase in borrowers'willingness to default due to declines in default costs. Evenafter controlling for risk composition and economic fundamentals,the propensity to default significantly increased between 1995and 1997. Standard default models missed an important time-varyingdefault factor, consistent with a decline in default costs.     

Earnings Retention as a Specification Mechanism in Logistic Bankruptcy Models: A Test of the Free Cash Flow Theory

This paper explores the applicability of as a specification mechanism to improve forecasting methods in corporate bankruptcy. The study combines lessons from Jensen's Free Cash Flow Theory with a logisitic model of bankruptcy to improve forecasting accuracy. The model uses data from the Indian textile industry to show that data classification based on investment opportunities is yet another way of improving precision. The study also re-examines the Free Cash Flow Theory and concludes that in applying it to a bankruptcy scenario, its initial findings regarding retention policy hold true; that is, low growth firms should retain less of their earnings than their high growth counterparts.     

The Impact of Receiving Debtor-in-Possession Financing on the Probability of Successful Emergence and Time Spent Under Chapter 11 Bankruptcy

The ability to obtain financing is a critical element in attempting to successfully reorganise a firm which has declared Chapter 11 bankruptcy. Debtor-in-possession (DIP) financing has become an increasingly popular method in recent years. This paper examines whether receiving DIP financing is related to successful reorganisations and a shortened duration under Chapter 11 bankruptcy proceedings. This study finds that there is an increase in realised returns to equity at the announcement of DIP loan agreements which is positive and statistically significant. It is also found that DIP-financed firms have a reduced probability of liquidation, and shorter time spent under bankruptcy proceedings.     

正确应用和解读个人信用报告的问题与建议

在实践中如何正确应用和解读个人信用报告在异议处理中是十分棘手的问题。本文针对这一问题,从落实科学发展观的高度出发,认为解读并应用信用报告的核心原则是以人为本,全面贯彻科学性、全面性、公正性和客观性等项原则,以上述原则为指引,指导商业银行正确解读和应用信用报告,制订更加科学的信贷审批制度和更加人性化的金融服务措施。     

A Re–examination of the Effectiveness of the Bankruptcy Process

As an increasing number of companies go bankrupt, society grows concerned with the process's efficacy. In contrast to previous research, we find that relatively healthy companies emerge from bankruptcy as evidenced by their operating and equity performance post bankruptcy. While we find a substantial degree of variation in the forecast accuracy of sales, EBIT and net income, we find that forecast errors are not statistically significant and are smaller than had been thought. We provide evidence to support the argument that the economy's health affects operating and equity outcomes post bankruptcy.     

Forecasting Corporate Bankruptcy: Optimizing the Performance of the Mixed Logit Model

In recent studies, Jones and Hensher (2004 , 2005) provide an illustration of the usefulness of advanced probability modelling in the prediction of corporate bankruptcies, insolvencies and takeovers. Mixed logit (or random parameter logit) is the most general of these models and appears to have the greatest promise in terms of underlying behavioural realism, desirable econometric properties and overall predictive performance. It suggests a number of empirical considerations relevant to harnessing the maximum potential from this new model (as well as avoiding some of the more obvious pitfalls associated with its use). Using a three-state failure model, the unconditional triangular distribution for random parameters offers the best population-level predictive performance on a hold-out sample. Further, the optimal performance for a mixed logit model arises when a weighted exogenous sample maximum likelihood (WESML) technique is applied in model estimation. Finally, we suggest an approach for testing the stability of mixed logit models by re-estimating a selected model using varying numbers of Halton intelligent draws. Our results have broad application to users seeking to apply more accurate and reliable forecasting methodologies to explain and predict sources of firm financial distress better.     

A Note on the Determinants of the Outcomes of Bankruptcy Petitions: Evidence From Korea

This study provides evidence on the determinants of the outcomes of bankruptcy petitions using Korean firms for the period from 1977 to 1994. We hypothesize that a firm with more free assets, less liquid assets, longer existing period, larger size, lower operating risk, and more goodwill would have higher survival prospects from the bankruptcy petition. The results from logit estimation confirm this hypothesis. The free assets, existing period, firm size, and goodwill have positive influence on the probability of reorganization, while the liquid assets, and operating risk are negatively related to the probability of reorganization. Among these variables, the free assets percentage is the most significant at the one percent level in determining the outcomes of bankruptcy petitions. This reveals that a bankrupt firm with more free assets tends to be reorganized because it would be easy to obtain additional financing needed for the successful reorganization. The liquid assets and existing period are also significant at the five percent level. We conclude that a firm with more free assets, less liquid assets, and longer existing period would have higher survival prospects in Korea.     

外籍人员个人所得税的计算缴纳

近年来,我国境内外籍人员不断增多,使得外籍人员在华纳税问题逐渐成为人们关注的焦点。本文从现行税收法律法规出发,介绍了外籍人员取得的工资薪金、奖金以及其他几种特殊情况的个人所得税的具体缴纳方法。     

The effect of personal bankruptcy exemptions on investment in home equity

Homestead exemptions to personal bankruptcy allow households to retain their home equity up to a limit determined at the state level. Households that may experience bankruptcy thus have an incentive to bias their portfolios toward home equity. Using US household data for the period 1996–2006, we find that household demand for real estate is relatively high if the marginal investment in home equity is covered by the exemption. The home equity bias is more pronounced for younger and less healthy households that face more financial uncertainty and therefore have a higher ex ante probability of bankruptcy. These results suggest that homestead exemptions have an important bearing on the portfolio allocations of US households and the extent to which they insure against bad shocks.