Economics of Bankruptcy

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Economics of Bankruptcy

9781845426415 Edward Elgar Publishing
Edited by Edward R. Morrison, Charles Evans Gerber Professor of Law, Columbia Law School, US
Publication Date: 2012 ISBN: 978 1 84542 641 5 Extent: 1,596 pp
This timely book surveys seminal contributions to the economics of bankruptcy. It offers a comprehensive compilation of work by both legal scholars and economists working in the fields of corporate and consumer finance. An original introduction, written by the editor, provides a commentary on the featured papers and also points to questions that merit further study. This collection is an indispensable source of reference for anyone interested in the economics of bankruptcy.

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Critical Acclaim
Contributors
Contents
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This timely book surveys seminal contributions to the economics of bankruptcy. It offers a comprehensive compilation of work by both legal scholars and economists working in the fields of corporate and consumer finance. An original introduction, written by the editor, provides a commentary on the featured papers and also points to questions that merit further study. This collection is an indispensable source of reference for anyone interested in the economics of bankruptcy.
Critical Acclaim
''These volumes would be instrumental for instruction at the graduate level, where selections could be chosen for either MBA or law programs. Moreover, I would highly recommend this volume for the libraries of professional economists who provide litigation consulting services related to bankruptcy. The Economics of Bankruptcy provides a strong foundational understanding of why bankruptcy laws were initially enacted. The compilation incorporates both theoretical arguments and empirical analysis. Just as importantly, it explores the various ways bankruptcy laws evolved.''
– Erin Crockett, Eastern Economic Journal

‘This collection brings together a wide range of seminal contributions to the economic literature on bankruptcy. Its value-added is the structure which the editor has imposed, which organises them in a clear and coherent way. Alongside the excellent introduction, this yields a comprehensive roadmap of the field. It will be a valuable resource for a wide range of researchers, from those wanting a thorough grounding in the literature to those simply wanting a pellucid sketch of its contours.’
– John Armour, University of Oxford, UK

Contributors
45 articles, dating from 1982 to 2009
Contributors include: B. Adler, P. Aghion, G. Andrade, D.G. Baird, L. Bebchuck, P. Bolton, A. Bris, J. Franks, S. Gilson, A. Schwartz, M. White
Contents
Contents:

Volume I

Acknowledgements

Introduction Edward R. Morrison

PART I COMPREHENSIVE THEORIES OF BANKRUPTCY LAW
1. Thomas H. Jackson (1982), ‘Bankruptcy, Non-Bankruptcy Entitlements, and the Creditors’ Bargain’
2. Douglas G. Baird and Thomas H. Jackson (1984), ‘Corporate Reorganizations and the Treatment of Diverse Ownership Interests: A Comment on Adequate Protection of Secured Creditors in Bankruptcy’
3. Douglas G. Baird (1986), ‘The Uneasy Case for Corporate Reorganizations’
4. Samuel A. Rea, Jr. (1984), ‘Arm-Breaking, Consumer Credit and Personal Bankruptcy’
5. Thomas H. Jackson (1986), ‘The Fresh-Start Policy in Bankruptcy Law’

PART II COLLECTIVE DECISION-MAKING BEFORE BANKRUPTCY
A Theory
6. Randal C. Picker (1992), ‘Security Interests, Misbehavior, and Common Pools’
7. Patrick Bolton and David S. Scharfstein (1996), ‘Optimal Debt Structure and the Number of Creditors’
8. Arturo Bris and Ivo Welch (2005), ‘The Optimal Concentration of Creditors’
9. Barry E. Adler (1993), ‘Financial and Political Theories of American Corporate Bankruptcy’
10. Robert K. Rasmussen (1992), ‘Debtor’s Choice: A Menu Approach to Corporate Bankruptcy’
11. Alan Schwartz (1997), ‘Contracting About Bankruptcy’
12. Barry E. Adler (1997), ‘A Theory of Corporate Insolvency’

B Evidence
13. Edward R. Morrison (2009), ‘Bargaining Around Bankruptcy: Small Business Workouts and State Law’
14. Julian Franks and Oren Sussman (2005), ‘Financial Distress and Bank Restructuring of Small to Medium Size UK Companies’
15. Sergei A. Davydenko and Julian R. Franks (2008), ‘Do Bankruptcy Codes Matter? A Study of Defaults in France, Germany, and the UK’
16. Stuart C. Gilson (1997), ‘Transaction Costs and Capital Structure Choice: Evidence from Financially Distressed Firms’

PART III ASSET DEPLOYMENT DECISIONS IN BANKRUPTCY
17. Andrei Shleifer and Robert W. Vishny (1992), ‘Liquidation Values and Debt Capacity: A Market Equilibrium Approach’
18. Todd C. Pulvino (1998), ‘Do Asset Fire Sales Exist? An Empirical Investigation of Commercial Aircraft Transactions’
19. Per Strömberg (2000), ‘Conflicts of Interest and Market Illiquidity in Bankruptcy Auctions: Theory and Tests’
20. Sugato Bhattacharyya and Rajdeep Singh (1999), ‘The Resolution of Bankruptcy by Auction: Allocating the Residual Right of Design’
21. Lucian Arye Bebchuk (1988), ‘A New Approach to Corporate Reorganizations’
22. Philippe Aghion, Oliver Hart and John Moore (1992), ‘The Economics of Bankruptcy Reform’
23. Douglas G. Baird and Robert K. Rasmussen (2002), ‘The End of Bankruptcy’
24. Douglas G. Baird and Robert K. Rasmussen (2003), ‘Chapter 11 at Twilight’


Volume II

Acknowledgements

An introduction to both volumes by the editor appears in Volume I

PART I BUSINESS BANKRUPTCY IN PRACTICE
A Bankruptcy Costs
1. Arturo Bris, Ivo Welch and Ning Zhu (2006), ‘The Costs of Bankruptcy: Chapter 7 Liquidation versus Chapter 11 Reorganization’
2. Gregor Andrade and Steven N. Kaplan (1998), ‘How Costly is Financial (Not Economic) Distress? Evidence from Highly Leveraged Transactions that Became Distressed’

B Filtering Viable from Non-viable Firms
3. Lawrence A. Weiss and Karen H. Wruck (1998), ‘Information Problems, Conflicts of Interest, and Asset Stripping: Chapter 11’s Failure in the Case of Eastern Airlines’
4. Michelle J. White (1994), ‘Corporate Bankruptcy as a Filtering Device: Chapter 11 Reorganizations and Out-of-Court Debt Restructurings’
5. Matthias Kahl (2002), ‘Economic Distress, Financial Distress, and Dynamic Liquidation’
6. Vojislav Maksimovic and Gordon Phillips (1998), ‘Asset Efficiency and Reallocation Decisions of Bankrupt Firms’
7. Edward R. Morrison (2007), ‘Bankruptcy Decision Making: An Empirical Study of Continuation Bias in Small-Business Bankruptcies’

C Ex Ante Investment Incentives Generally: Theory and Evidence
8. Robert Gertner and David Scharfstein (1991), ‘A Theory of Workouts and the Effects of Reorganization Law’
9. Wei Fan and Michelle J. White (2003), ‘Personal Bankruptcy and the Level of Entrepreneurial Activity’
10. Jeremy Berkowitz and Michelle J. White (2004), ‘Bankruptcy and Small Firms’ Access to Credit’
11. Douglas G. Baird and Edward R. Morrison (2005), ‘Serial Entrepreneurs and Small Business Bankruptcies’

D Ex Ante Effects of Particular Bankruptcy Rules
12. Lucian Arye Bebchuk (2002), ‘Ex Ante Costs of Violating Absolute Priority in Bankruptcy’
13. Kenneth Ayotte (2007), ‘Bankruptcy and Entrepreneurship: The Value of a Fresh Start’
14. Douglas G. Baird and Donald S. Bernstein (2006), ‘Absolute Priority, Valuation Uncertainty, and the Reorganization Bargain’
15. Yeon-Koo Che and Alan Schwartz (1999), ‘Section 365, Mandatory Bankruptcy Rules and Inefficient Continuance’
16. Barry E. Adler (1995), ‘A Re-Examination of Near-Bankruptcy Investment Incentives’
17. George G. Triantis (1993), ‘A Theory of the Regulation of Debtor-in-Possession Financing’

E Other Topics: Industry Conditions and Forum Shopping
18. Severin Borenstein and Nancy L. Rose (1995), ‘Bankruptcy and Pricing Behavior in U.S. Airline Markets’

PART II CONSUMER BANKRUPTCY IN THEORY AND PRACTICE
A Effects on Consumer Behavior
19. Barry Adler, Ben Polak and Alan Schwartz (2000), ‘Regulating Consumer Bankruptcy: A Theoretical Inquiry’

B Effects on Credit Markets
20. Scott Fay, Erik Hurst and Michelle J. White (2002), ‘The Household Bankruptcy Decision’
21. Reint Gropp, John Karl Scholz and Michelle J. White (1997), ‘Personal Bankruptcy and Credit Supply and Demand’

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