Innovations in Bankruptcy—Pricing the Priority of Insolvency Claims

Following the wave of recent financial turmoil, many developing countries have learned the value of an effective bankruptcy system in deterring excessive use of debt and providing an orderly way to resolve a debt crisis. As a result, they are now r...

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Main Author: Leechor, Chad
Format: Viewpoint
Language:English
Published: World Bank, Washington, DC 2012
Subjects:
Online Access:http://documents.worldbank.org/curated/en/1999/09/2531715/innovations-bankruptcy-pricing-priority-insolvency-claims
http://hdl.handle.net/10986/11464
id okr-10986-11464
recordtype oai_dc
spelling okr-10986-114642021-04-23T14:02:55Z Innovations in Bankruptcy—Pricing the Priority of Insolvency Claims Leechor, Chad ASSET STRIPPING AUCTIONS BANKRUPTCY BANKRUPTCY PROCEDURES BANKRUPTCY REFORM COMMON STOCK CORPORATE MANAGERS CREDITOR CREDITORS DEBT ECONOMIC RESEARCH EXPECTED VALUE EXTERNAL FINANCING INSOLVENCY INSOLVENCY LAW INSOLVENCY PRACTICES INSOLVENCY PROCEEDING LIQUIDATION LIQUIDITY OUTSTANDING DEBT REORGANIZATION SECURITIES TRADERS BANKRUPTCY INSOLVENCY DEVELOPING COUNTRIES DEBT DEBT CRISIS PRICING POLICIES OF RESOURCES CORPORATE GOVERNANCE SECURITIES MARKETS SHAREHOLDERS LEGAL RECOURSE Following the wave of recent financial turmoil, many developing countries have learned the value of an effective bankruptcy system in deterring excessive use of debt and providing an orderly way to resolve a debt crisis. As a result, they are now reforming their bankruptcy systems, generally modeling them on those of advanced countries. But there is dissatisfaction with bankruptcy frameworks in advanced countries too. Some alternatives have been proposed. One is an options-based approach that provides an objective way of pricing creditor claims according to priority. With allowances for local conditions, this approach offers developing countries a chance to leapfrog existing bankruptcy practices and their limitations. Effective bankruptcy systems have implications for corporate governance and for securities markets. For corporate managers and controlling shareholders, the cost of bankruptcy includes the loss of corporate control and the risk of personal liability. This threat serves as a restraint on the use of debt. In the event of default an efficient and orderly transfer of corporate control to creditors reduces the likelihood of asset stripping and looting by insiders. For creditors, available legal recourse makes it possible to extend credit at a reasonable cost. And in a cyclical downturn or in the face of financial distress, creditors are less likely to panic and liquidate securities on a massive scale. 2012-08-13T15:08:33Z 2012-08-13T15:08:33Z 1999-09 http://documents.worldbank.org/curated/en/1999/09/2531715/innovations-bankruptcy-pricing-priority-insolvency-claims Viewpoint. -- Note no. 194 (September 1999) http://hdl.handle.net/10986/11464 English Viewpoint CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank World Bank, Washington, DC Publications & Research :: Viewpoint Publications & Research
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
topic ASSET STRIPPING
AUCTIONS
BANKRUPTCY
BANKRUPTCY PROCEDURES
BANKRUPTCY REFORM
COMMON STOCK
CORPORATE MANAGERS
CREDITOR
CREDITORS
DEBT
ECONOMIC RESEARCH
EXPECTED VALUE
EXTERNAL FINANCING
INSOLVENCY
INSOLVENCY LAW
INSOLVENCY PRACTICES
INSOLVENCY PROCEEDING
LIQUIDATION
LIQUIDITY
OUTSTANDING DEBT
REORGANIZATION
SECURITIES
TRADERS BANKRUPTCY
INSOLVENCY
DEVELOPING COUNTRIES
DEBT
DEBT CRISIS
PRICING POLICIES OF RESOURCES
CORPORATE GOVERNANCE
SECURITIES MARKETS
SHAREHOLDERS
LEGAL RECOURSE
spellingShingle ASSET STRIPPING
AUCTIONS
BANKRUPTCY
BANKRUPTCY PROCEDURES
BANKRUPTCY REFORM
COMMON STOCK
CORPORATE MANAGERS
CREDITOR
CREDITORS
DEBT
ECONOMIC RESEARCH
EXPECTED VALUE
EXTERNAL FINANCING
INSOLVENCY
INSOLVENCY LAW
INSOLVENCY PRACTICES
INSOLVENCY PROCEEDING
LIQUIDATION
LIQUIDITY
OUTSTANDING DEBT
REORGANIZATION
SECURITIES
TRADERS BANKRUPTCY
INSOLVENCY
DEVELOPING COUNTRIES
DEBT
DEBT CRISIS
PRICING POLICIES OF RESOURCES
CORPORATE GOVERNANCE
SECURITIES MARKETS
SHAREHOLDERS
LEGAL RECOURSE
Leechor, Chad
Innovations in Bankruptcy—Pricing the Priority of Insolvency Claims
relation Viewpoint
description Following the wave of recent financial turmoil, many developing countries have learned the value of an effective bankruptcy system in deterring excessive use of debt and providing an orderly way to resolve a debt crisis. As a result, they are now reforming their bankruptcy systems, generally modeling them on those of advanced countries. But there is dissatisfaction with bankruptcy frameworks in advanced countries too. Some alternatives have been proposed. One is an options-based approach that provides an objective way of pricing creditor claims according to priority. With allowances for local conditions, this approach offers developing countries a chance to leapfrog existing bankruptcy practices and their limitations. Effective bankruptcy systems have implications for corporate governance and for securities markets. For corporate managers and controlling shareholders, the cost of bankruptcy includes the loss of corporate control and the risk of personal liability. This threat serves as a restraint on the use of debt. In the event of default an efficient and orderly transfer of corporate control to creditors reduces the likelihood of asset stripping and looting by insiders. For creditors, available legal recourse makes it possible to extend credit at a reasonable cost. And in a cyclical downturn or in the face of financial distress, creditors are less likely to panic and liquidate securities on a massive scale.
format Publications & Research :: Viewpoint
author Leechor, Chad
author_facet Leechor, Chad
author_sort Leechor, Chad
title Innovations in Bankruptcy—Pricing the Priority of Insolvency Claims
title_short Innovations in Bankruptcy—Pricing the Priority of Insolvency Claims
title_full Innovations in Bankruptcy—Pricing the Priority of Insolvency Claims
title_fullStr Innovations in Bankruptcy—Pricing the Priority of Insolvency Claims
title_full_unstemmed Innovations in Bankruptcy—Pricing the Priority of Insolvency Claims
title_sort innovations in bankruptcy—pricing the priority of insolvency claims
publisher World Bank, Washington, DC
publishDate 2012
url http://documents.worldbank.org/curated/en/1999/09/2531715/innovations-bankruptcy-pricing-priority-insolvency-claims
http://hdl.handle.net/10986/11464
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