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Journal of Finance Vol. 77 No. 5 2022

When Should Bankruptcy Law Be Creditor‐ or Debtor‐Friendly? Theory and Evidence

David Schoenherr1; Jan Starmans2,3

1 Princeton University · 2 Cornell University · 3 Association of French Motorway Companies

Abstract

We examine how creditor protection affects firms with different levels of owners' and managers' personal costs of bankruptcy (PCB). Theoretically, we show that firms with high PCB borrow and invest more under a more debtor‐friendly management stay system, whereas firms with low PCB borrow and invest more under a more creditor‐friendly receivership system. Intuitively, stronger creditor protection relaxes financial constraints but reduces credit demand. Which effect dominates depends on owners' and managers' PCB. Empirically, we find support for these predictions using a Korean bankruptcy reform that replaced receivership with management stay.

DOI
10.1111/jofi.13171
Volume
77
Issue
5
Pages
2669-2717
Language
en
Sources
bibtex:phds-export.bib openalex crossref

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