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Journal of Corporate Finance Vol. 58 2019

The balance of power between creditors and the firm: Evidence from German insolvency law

Frédéric Closset1; Daniel Urban2

1 Technical University of Munich · 2 Erasmus University Rotterdam

open access

Abstract

In 2011, German legislators passed the latest reform to German Insolvency Law (ESUG). ESUG mandates that creditors of larger firms can exert more influence on the appointment of the insolvency administrator, resulting in a shift of power from shareholders to creditors. Based on difference-in-differences estimation, we find that larger firms reduced financial leverage by about 4–7 percentage points relative to control firms. Furthermore, after the enactment of ESUG, larger firms spend less money on investment and pay higher interest rates. Overall, the evidence is consistent with the view that German creditor protection has become too strong.

DOI
10.1016/j.jcorpfin.2019.06.004
Volume
58
Pages
454-477
Language
en
Sources
bibtex:phds-export.bib crossref openalex

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