Bankruptcy

  • 详情 Household debt overhang and bankruptcy abuse prevention 家庭债务积压与预防破产滥用
    Bankruptcy abuse prevention has been criticized for increasing foreclosure rates, imposing negative impacts on housing markets, and aggravating the financial crisis. By contrast, this paper documents that bankruptcy abuse prevention reduces household debt overhang, a phenomenon harmful to home values and housing markets. Using a difference-in-differences analysis, we find that households in recourse states increased their home improvement and maintenance expenditures after the Bankruptcy Abuse Prevention and Consumer Protection Act, a period during which the households paid considerable attention to the downside risk of the housing market, and that the effects vary by home equity level. The results remain unchanged with alternative specifications and cannot be explained by credit changes, judicial and nonjudicial foreclosures, homestead exemption, house sales, or heterogeneous expectations. Last but not least, we use entropy balancing to eliminate the differences between the treatment and control groups and get similar results. 预防破产滥用的政策被认为推高止赎率、对住房市场造成负面影响以及加剧金融危机而饱受批评。与之相反,本文证明破产滥用预防能够缓解家庭债务积压(debt overhang)—— 而债务积压恰恰是一种损害房屋价值与住房市场的现象。采用双重差分(DID)分析,我们发现:在《破产滥用预防与消费者保护法案》(BAPCPA)实施后,**追索权州(recourse states)**的家庭增加了住房改善与维护支出;该时期家庭对住房市场的下行风险高度关注,且上述效应因房屋净值水平的不同而存在异质性。在多种替代设定下结果依然稳健,且不能被信贷变化、司法与非司法止赎、宅基地豁免、房屋销售或异质性预期所解释。最后,我们使用熵平衡(entropy balancing)方法消除处理组与控制组之间的差异,同样得到了一致的结果。
  • 详情 The Real Effects of Bankruptcy Reform
    We construct the most comprehensive bankruptcy database of Chinese firms to date and document significant real effects arising from the establishment of specialized bankruptcy courts. Specifically, the recovery rate for unsecured creditors increases by 38.6 percentage points after the reform. This improvement is not driven by shorter case durations or lower direct bankruptcy costs, as intuition might suggest. Instead, it results primarily from greater efficiency in the discovery and disposal of assets during bankruptcy proceedings. The reform also increases the likelihood of reorganization and promotes capital infusion in such cases. Higher recovery rates generate broader spillovers: reductions in non-performing loans, expansion of unsecured lending by local banks, relaxation of firms’ financial constraints, shifts in capital structure and investment, and greater public willingness to file for bankruptcy when distressed.
  • 详情 From Blacklists to Bankruptcy: The Impact of Personal Insolvency Frameworks on Startups
    This paper studies the economic impact of introducing a personal bankruptcy regime, using China’s recent pilot reforms as a natural experiment. We exploit the staggered rollout of personal bankruptcy frameworks across Chinese cities and construct a novel dataset of bankruptcy case filings, combined with survey-based measures of credit access and official firm registration records. Our difference-in-differences estimates show that the reforms significantly improve small business credit access - business loan take-up increases by 1.3 % (21% relative to pre-reform mean), with no offsetting rise in interest rates. Effects are concentrated among non-corporate firms, firms with less employees and female entrepreneurs. Moreover, the reform is also associated with a 9.7% increase in new firm registrations. To interpret these findings, we develop a simple but novel theoretical model in which personal bankruptcy reduces the downside risk of entrepreneurial failure while preserving creditor recoveries. These findings underscore how debtor protection policies, when designed to reduce enforcement costs without expanding exemption rights, can enhance credit supply and entrepreneurial activity.
  • 详情 Double-Edged Sword: Does Strong Creditor Protection in the Bankruptcy Process Affect Firm Productivity
    Using data from Chinese A-share listed firms from 2015 to 2022, we employ a difference-in-differences model to empirically examine the impact of bankruptcy regimes, marked by the establishment of bankruptcy courts, on firms’ total factor productivity (TFP). The results show a significant decline in TFP among firms in regions following the establishment of bankruptcy courts. This finding remains valid after a series of robustness tests. Mechanism tests reveal that establishing bankruptcy courts increases firms’ risk aversion incentives by endowing creditors with excessive rights. Consequently, firms tend to reduce liabilities, curtail R&D investment, and accumulate liquid assets as coping measures, ultimately contributing to a decline in TFP. Furthermore, this effect is more pronounced for firms with high financial risk. However, the improvement of the market mechanism can alleviate the negative impact of bankruptcy courts excessively strengthening creditor protection. Specifically, when firms are located in regions with weak government intervention and strong financial development, as well as in market environments with low uncertainty and strong competition, this negative impact can be mitigated. These findings provide fresh insights into the dual nature of creditor protection and offer valuable references for governments to improve the bankruptcy legal system.
  • 详情 A welfare analysis of the Chinese bankruptcy market
    How much value has been lost in the Chinese bankruptcy system due to excessive liquidation of companies whose going concern value is greater than the liquidation value? I compile new judiciary bankruptcy auction data covering all bankruptcy asset sales from 2017 to 2022 in China. I estimate the valuation of the asset for both the final buyer and creditor through the revealed preference method using an auction model. On average, excessive liquidation results in a 13.5% welfare loss. However, solely considering the liquidation process, an 8% welfare gain is derived from selling the asset without transferring it to the creditors. Firms that are (1) larger in total asset size, (2) have less information disclosure, (3) have less access to the financial market, and (4) possess a higher fraction of intangible assets are more vulnerable to such welfare loss. Overall, this paper suggests that policies promoting bankruptcy reorganization by introducing distressed investors who target larger bankruptcy firms suffering more from information asymmetry will significantly enhance welfare in the Chinese bankruptcy market.
  • 详情 Creditor protection and asset-debt maturity mismatch: a quasi-natural experiment in China
    Recently, the Chinese Government has strengthened the enforcement of bankruptcy laws to protect creditors’ rights. This study shed light on the effect of creditor protection on asset-debt maturity mismatch by employing a quasi-natural experiment in China. The results show that creditor protection mitigates maturity mismatch, and the effect is more pronounced among financially constrained firms. Results remain robust after the dynamic effects test, placebo test, propensity score matching approach, entropy balancing method, and controlling for COVID-19 shocks. Mechanism tests show that creditor protection decreases the cost of debt and reduces over-investment. The effect of creditor protection is pronounced in private companies, financially independent companies, and companies with secured loans. Creditor rights can alleviate maturity mismatch in firms with medium ownership concentration and managerial ownership levels. Economic consequences studies suggest that creditor protection reduces corporate default risk. This study reveals the mechanism and effect of creditor protection on asset-debt maturity mismatch in emerging markets, providing recommendations to policymakers for assessing and improving bankruptcy law regimes.
  • 详情 Corporate default risk and environmental deterioration: international evidence
    “How does a firm’s bankruptcy affect its regional environment?” is an open empirical question that has received little attention in the literature. We hypothesize that because enterprises provide funds to protect their regional environment, their default risk negatively impacts that environment. We analyze the impact of corporate default risk on environmental deterioration in the international setting to answer this question. Using a firm-level corporate default risk quarterly data from 2013q1 to 2020q4, we find that corporate default risk is positively associated with CO2 emissions and decomposed components. These findings are reliable in low-income and highly uncertain countries but weak in countries having more market competition. We also find that the negative impact of corporate default risk on the environment is more robust in countries with more population density and fewer forest area thresholds. Finally, using the instrumental variable approach, we provide preliminary evidence that firm-level political risk (for US and Canadian firms only) increases corporate default risk, leading to a degrading environment. Our findings are robust to alternative measurements of a firm’s default risk and environmental deterioration. Our research will help environmental authorities to consider corporate default risk as a determinant when formulating environmental-related strategies.
  • 详情 From courtrooms to corporations: The effect of bankruptcy court establishment on firm acquisitions
    We examine the impact of bankruptcy court establishment (BCE) on corporate acquisition activities using hand-collected data of city-level BCE in China from 2008 to 2020. The results show that BCE promotes corporate acquisition activities largely due to mitigated information asymmetry and decreased deal inefficiency. Our results highlight the important role of judiciary reform in corporate acquisition decisions in emerging markets.
  • 详情 Corporate Policies of Republican Managers
    We demonstrate that personal political preferences of corporate managers influence cor- porate policies. Specifically, Republican managers who are likely to have conservative personal ideologies adopt and maintain more conservative corporate policies. Those firms have lower levels of corporate debt, lower capital and research and development (R&D) expenditures, less risky investments, but higher profitability. Using the 9/11 terrorist attacks and Sept. 2008 Lehman Brothers bankruptcy as natural experiments, we demonstrate that investment policies of Republican managers became more conservative following these ex- ogenous uncertainty-increasing events. Furthermore, around chief executive officer (CEO) turnovers, including CEO deaths, firm leverage policy becomes more conservative when managerial conservatism increases.
  • 详情 Double-Edged Sword: Does Strong Creditor Protection in the Bankruptcy Process Affect Firm Productivity
    Using data from Chinese A-share listed firms from 2015 to 2022, we employ a difference-indifferences model to empirically examine the impact of bankruptcy regimes, marked by the establishment of bankruptcy courts, on firms’ total factor productivity (TFP). The results show a significant decline in TFP among firms in regions following the establishment of bankruptcy courts. This finding remains valid after a series of robustness tests. Mechanism tests reveal that establishing bankruptcy courts increases firms’ risk aversion incentives by endowing creditors with excessive rights. Consequently, firms tend to reduce liabilities, curtail R&D investment, and accumulate liquid assets as coping measures, ultimately contributing to a decline in TFP. Furthermore, this effect is more pronounced for firms with high financial risk. However, the improvement of the market mechanism can alleviate the negative impact of bankruptcy courts excessively strengthening creditor protection. Specifically, when firms are located in regions with weak government intervention and strong financial development, as well as in market environments with low uncertainty and strong competition, this negative impact can be mitigated. These findings provide fresh insights into the dual nature of creditor protection and offer valuable references for governments to improve the bankruptcy legal system.