Bankruptcy around the World: Explanations of Its Relative Use
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Open Access
- 1 March 2005
- journal article
- research article
- Published by Oxford University Press (OUP) in American Law and Economics Review
- Vol. 7 (1) , 253-283
- https://doi.org/10.1093/aler/ahi004
Abstract
The law and finance literature highlights the role of investor rights in financial development, firm corporate governance, and financing patterns. For a panel of 35 countries, we investigate how bankruptcy use relates to countries’ creditor rights and judicial efficiency. Bankruptcies are higher in countries with more creditor rights, except for a “no automatic stay on assets” provision. Higher judicial efficiency is associated with more bankruptcies and appears as a substitute with more creditor rights. Although only a first step, our findings suggest creditor rights are complex, balancing prioritization of claims, ex ante risk-taking incentives, and an efficient resolution of distressed firms.Keywords
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