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Journal of Finance Vol. 57 No. 1 2002

Ex Ante Costs of Violating Absolute Priority in Bankruptcy

Lucian Arye Bebchuk

open access

Abstract

A basic question for the design of bankruptcy law concerns whether value should be divided in accordance with absolute priority. Research done in the past decade has suggested that deviations from absolute priority have beneficial ex ante effects. In contrast, this paper shows that ex post deviations from absolute priority also have negative effects on ex ante decisions taken by shareholders. Such deviations aggravate the moral hazard problem with respect to project choice‐increasing the equityholders incentive to favor risky projects‐as well as with respect to borrowing and dividend decisions.

DOI
10.1111/1540-6261.00427
Volume
57
Issue
1
Pages
445-460
Language
en
Sources
openalex bibtex:phds-export.bib crossref

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