Bankruptcy filings before and after implementation of the bankruptcy reform law

After the effective date of the Bankruptcy Reform Act (1979), bankruptcy filings rose sharply in most states. The increase can be ascribed partially to the fact that unemployment rose and working hours declined from 1978 to 1980. In addition, state laws on garnishment had a greater effect on bankruptcy filings in 1980 than in 1978. Nonetheless, a significant increase in filing rates from 1978 to 1980 could not be accounted for by changes in state laws or employment conditions. The evidence is consistent with the hypothesis that the Act, per se, contributed to the increase in bankruptcy filings.     

The geographic determinants of bankruptcy: evidence from Switzerland

This paper examines the geographic determinants of firm bankruptcy. We employ hazard rate models to study the bankruptcy risk of a firm, allowing for time-varying covariates. Based on a large sample from all geographic areas and the major sectors of the Swiss economy, we find the following main results: (1) Bankruptcy rates tend to be lower in the central municipalities of agglomerations; (2) bankruptcy rates are lower in regions with favorable business conditions (where corporate taxes and unemployment are low and public investment is high); (3) private taxes and public spending at the local level have little impact on bankruptcy rates.     

Consumer Bankruptcy Stigma: Understanding Relationships with Familiarity and Perceived Control

Bankruptcy stigma is commonly thought to influence debtors' bankruptcy filing decisions. Despite its importance, researchers have not collected direct quantitative measures of bankruptcy stigma, either in terms of attitudes toward bankruptcy or evaluations of filers. Across two empirical studies, we find that (1) attitudes toward bankruptcy and bankruptcy filers are less negative among those with firsthand bankruptcy experience; (2) bankruptcy stigma is a multidimensional construct that includes morality‐, warmth‐, and competence‐related elements; and (3) consistent with psychological models of blame, filers who are perceived to have more control over the circumstances leading to their bankruptcy are more highly stigmatized. By directly investigating bankruptcy stigma, this research can be used to inform models of consumer decisions about bankruptcy filings and bankruptcy policy.     

An Empirical Analysis of the Relationship Between Capital Acquisition and Bankruptcy Laws

Ineffective capital acquisition decisions at start-up may lead to business failure and bankruptcy; a result which is both costly and disruptive to the owners and other stakeholders of the firm. To cope with the risk of failure, owners embark on a variety of risk-reducing activities whereas the U.S. government attempts to moderate the downside effects of such failures through the rules surrounding bankruptcy. Previous studies imply that as owners become more aware of the protections offered through the government regulation of bankruptcy, they should become less concerned with the effects of failure and be willing to raise higher levels of initial capital. Raising higher levels of initial capital, in turn, leads owners to take actions intended to reduce firm risk and to minimize the threat to their personal financial security. Data from a sample of small firms confirm our hypothesis by showing that as the level of initial capital acquisition increases, owners embark on activities intended to reduce firm risk. However, capital acquisition is not associated with the owner's familiarity with bankruptcy regulations. As a result, governmental objectives in establishing these regulations may not be achieved. Our findings have implications for firms' owners, consultants, and policymakers, in terms of the relationship between an entrepreneur's knowledge of bankruptcy laws and the financing of their enterprises.     

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.     

Optimal hedging under nonlinear borrowing cost,progressive tax rates,and liquidity constraints

Empirical research using optimal hedge ratios usually suggests that producers should hedge much more than they do. In this study, a new theoretical model of hedging is derived. Optimal hedge and leverage ratios and their relationship with yield risk, price variability, basis risk, taxes, and financial risk are determined using alternative assumptions. The motivation to hedge is provided by progressive tax rates and cost of bankruptcy. An empirical example for a wheat and stocker‐steer producer is provided. Results show that there are many factors, often assumed away in the literature, that make farmers hedge little or not at all. Progressive tax rates provide an incentive for farmers to hedge in order to reduce their tax liabilities and increase their after‐tax income. Farmers will hedge when the cost of hedging is less than the benefits of hedging that come from reducing tax liabilities, liquidity costs, or bankruptcy costs. When tax‐loss carryback is allowed, hedging decreases as the amount of tax loss that can be carried back increases. Higher profitability makes benefits from futures trading negligible and hedging unattractive, since farmers move to higher income brackets with near constant marginal tax rates. Increasing basis risk or yield risk also reduce the incentive to hedge. © 2000 John Wiley & Sons, Inc. Jrl Fut Mark 20: 375–396, 2000     

International bankruptcy and the spirit of comity: New U.S. law encourages cooperation among nations

While many international businesses are successful, others experience financial difficulties and file for bankruptcy. These cases pose challenges for bankruptcy courts worldwide because the assets of the debtor are located in more than one nation. How is this being handled? The trend is toward cooperation. Under the principle of comity, one nation gives effect to the laws and judicial decisions of another nation as a matter of deference and mutual respect. The Bankruptcy Abuse Prevention and Consumer Protection Act (the Act), effective October 2005, amends the bankruptcy code in several significant ways. One such amendment is Chapter 15: Ancillary and Other Cross-Border Cases. Chapter 15 not only embraces but also advances the spirit of comity.     

Distress and default contagion in financial networks

We develop a new model for solvency contagion that can be used to quantify systemic risk in stress tests of financial networks. In contrast to many existing models, it allows for the spread of contagion already before the point of default and hence can account for contagion due to distress and mark‐to‐market losses. We derive general ordering results for outcome measures of stress tests that enable us to compare different contagion mechanisms. We use these results to study the sensitivity of the new contagion mechanism with respect to its model parameters and to compare it to existing models in the literature. When applying the new model to data from the European Banking Authority, we find that the risk from distress contagion is strongly dependent on the anticipated recovery rate. For low recovery rates, the high additional losses caused by bankruptcy dominate the overall stress test results. For high recovery rates, however, we observe a strong sensitivity of the stress test outcomes with respect to the model parameters determining the magnitude of distress contagion.     

Effects of the matching fund program on IPO and bankruptcy of SMEs in Korea

Most small and medium enterprises (SMEs) in Korea struggle in financing R&D. Thus, the Korea Core Industrial Technology Investment Association (KITIA) was established to implement a matching fund program (MFP) to help SMEs with this undertaking. Applicant firms to the MFP are reviewed first based on their technology levels and are required to attract financing from venture capitalists (VCs), before receiving funds from the MFP. This paper, based on KITIAs MFP applicant data from 2001 to 2004, evaluates the performance of the MFP in terms of the success rate of funded SMEs’ initial public offerings (IPOs) and bankruptcy rates in relation to those SMEs that could not attract matching funds. Propensity score matching was used to eliminate selection bias from the data in order to assess the actual treatment effect of the MFP. According to the result of logistic regression applied to the matched data, MFP apparently did not have significant effects on IPO success and bankruptcy. This implies that MFP needs to allow VCs more time to evaluate SMEs covering qualitative aspects as well. It is expected that this change of structure can provide better performance of MFP in terms of IPO success and bankruptcy of matched SMEs.     

Valuation and optimal strategies of convertible bonds

This article presents a contingent claim valuation of a callable convertible bond with the issuer's credit risk. The optimal call, voluntary conversion, and bankruptcy strategies are jointly determined by shareholders and bondholders to maximize the equity value and the bond value, respectively. This model not only incorporates tax benefits, bankruptcy costs, refunding costs, and a call notice period, but also takes account of the issuer's debt size and structure. The numerical results show that the predicted optimal call policies are generally consistent with recent empirical findings; therefore, calling convertible bonds too late or too early can be rational. © 2006 Wiley Periodicals, Inc. Jrl Fut Mark 26:895–922, 2006     

International competitiveness,job creation and job destruction—An establishment-level study of German job flows

This study investigates the impact of international competitiveness on net employment, job creation, job destruction, and gross job flows for a representative sample of German establishments from 1993 to 2005. We find a statistically significant but economically small effect of real exchange rate shocks on employment, comparable to the one found in studies for the United States. However, contrary to the United States, the employment adjustment (among surviving firms) operates mainly through the job creation rather than the job destruction rate. Job destruction occurs essentially through discrete events such as restructuring, outsourcing and bankruptcy. We suggest that these findings are consistent with a highly regulated labor market, in which smooth adjustment is costly and possibly delayed.     

Legal reform and aggregate small and micro business bankruptcy rates: evidence from the 1997 Belgian bankruptcy code

Many Continental European countries recently reformed their bankruptcy legislations to stimulate reorganization and firm survival. We show that the Belgian 1997 bankruptcy code reform, which implemented several international best practice recommendations, significantly reduced aggregate small and micro business bankruptcy rates. However, using distributed lag models to control for the relationship between bankruptcy rates and macroeconomic variables such as real GDP growth, consumer confidence, inflation, etc., we find that the new code’s impact is not the same for all types of companies. Specifically, while the beneficial effect of the reform is largely similar between small firms (i.e. stock corporations) and micro firms (i.e. partnerships), it is only significant in certain industries (manufacturing and trade). Overall, our results indicate that especially the measures taken to limit domino bankruptcy effects are likely to have had a substantial impact. Our findings have several policy implications for the evaluation and modification of the bankruptcy system.

Business failures,macroeconomic risk and the effect of recessions on long-run growth: A panel cointegration approach

This paper uses panel data on Italian regions to test two competing theories of long-run productivity dynamics: the opportunity-cost model, according to which productivity-enhancing activities have a comparative advantage during recessions; and the risk-aversion model, which predicts a negative relationship between transitory disturbances and productivity growth. Panel ECM estimates suggest that macroeconomic risk factors impinge on business failures on the same direction both in the short and in the long-run, and that the adjustment to the steady-state relationship is quite slow. Thus, our findings lend support to the risk-aversion theory of productivity growth and indicate that bankruptcy risks play a significant role in the propagation of macroeconomic shocks.     

Comparative analysis of Canadian,American and Swedish bankruptcy policy: why do governments legislate consumer debt?

Comparative research in consumer bankruptcy law is scarce. After profiling bankruptcy statistics in each country, the paper compares bankruptcy laws in Canada, United States and Sweden across 20 criteria and then analyses the predominate ideology underlying each law: deviant behaviour modification, consumer protection or social safety net. There is obvious tension between ideologies in each country with the punitive, deviant behaviour modification paradigm the most pervasive across all three countries. There is much we can learn from a comparative policy analysis approach, leading to the conscious development of bankruptcy policy from discernible, declared ideologies. Seven areas for future research are proposed.     

游离于公司法、破产法之间的债权人保护

如何加强对债权人的保护是学术界一直在研究的论题,有种观点认为公司的管理者在公司资不抵债时应当由对股东负责转为对债权人负责;公司的主要目的是为股东创造收益,破产的目的是保护债权人的利益。因此,应当废除公司领域中对债权人的保护,使其尽快回归到专门为债权人服务的破产领域,让公司法和破产法各司其职,使股东利益和债权人的保护得到强化。     

Strategically Surviving Bankruptcy during a Global Financial Crisis: The Importance of Understanding Chapter 15

Chapter 15 of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act allows foreign courts more power in cases that include foreign multinational firms. U.S. businesses unexpectedly have to file a claim in another country with bankruptcy rules that are sometimes drastically different from those in U.S. courts. This paper outlines the different bankruptcy laws in selected countries and exemplifies how some countries place U.S. creditors at a disadvantage relative to employees and stockholders. This knowledge should be incorporated into management's strategic contingency plans in the case of supplier or business customer default. During periods of global financial instability such as the 2008 financial crisis, an understanding of Chapter 15 is essential.     

Rehabilitation or Liquidation: Consumers' Choices in Bankruptcy

The purpose of this analysis is to identify the legal, environmental, and economic characteristics of debtors that are predictive of their Bankruptcy Code choices. The probability that debtors file under the rehabilitation procedure provided by the Bankruptcy Code (Chapter 13) is influenced by the availability of credit counseling as an alternative to bankruptcy and by the adverse effects of a liquidation bankruptcy (Chapter 7) on future ability to qualify for consumer and mortgage credit. More generous state laws protecting debtors' assets from liquidation in Chapter 7 have a negative effect on the probability that a debtor will contract to repay some debts out of future income in Chapter 13. The results also suggest that the enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984, which restricted Chapter 13 plans providing zero repayment of unsecured debts, precipitated a decline in the probability that nonbusiness debtors would choose the rehabilitation alternative.     

Religion,social capital and business bankruptcy in the United States, 1921–1932

We consider the value of social capital that derives from membership in a church. American states with larger churchgoing populations had lower business bankruptcy rates from 1921 to 1932, and states in which the churchgoing population was concentrated in few churches had business bankruptcy rates that were lower still. Both voluntary and involuntary bankruptcy were lower in states with higher church membership. The evidence suggests that church membership acted on bankruptcy through a safety net mechanism and not solely through indicating a preference for honouring commitment.     

Educating and empowering consumers to avoid bankruptcy

The US has the highest consumer bankruptcy rate in the world and Utah is the state with the highest rate. Bankruptcy filings are rising rapidly due to uninsured medical expenses, job loss, family break‐up and rising consumer and mortgage debt burdens. Lending standards are extremely lax among mainstream creditors while predatory and sub‐prime lending are growing. Utah State University Extension is addressing this problem by creating a new Extension educator position to focus on financial education and by training county Extension educators to mount an extensive consumer education campaign. The ‘Take Charge of Your Money’ programme, developed by the Extension specialist, is being taught throughout the state by satellite distance education. Each educator is being trained to use the Power Pay debt reduction software developed by two Utah Extension educators. As part of the emphasis on empowerment, consumers are being taught to make their own decisions on debt load rather than accepting credit because it is available. Heavy dependence of lenders on credit scores mean consumers are taking on debt that they do not have the cash flow to repay. Grant money available from the state was used to provide training for an Extension bankruptcy prevention team and to provide funding for laptop computers for Power Pay so educators can take the programme to the citizens at county fairs and other public events. While it is too soon to measure the results of the programme, Utah State University's Cooperative Extension project is an example of an aggressive response to the highest bankruptcy rate in the nation. The bankruptcy prevention team is an example of the power of the Extension Service to extend the resources of the university to improve the quality of life for the citizens of the state.     

美国银行业破产模式变化趋势及其启示

在美国,一般企业的破产主要表现为兼并与收购,遵循的是一种市场驱动的事后破产模式:而商业银行的破产过程则由金融监管部门主导,表现为一种由行政管制驱动的事前破产模式.这两种破产模式在破产适用法规、破产目标、主导者、破产程序等方面存在异同.目前由于市场竞争的发展和银行公司治理结构的改变,美国银行业兼并收购开始盛行,有向事后破产模式转变的趋势.中国银行业的公司治理和银行破产法制定亦可从中得到若干重要启示.