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Venue selection and bankruptcy outcomes

Wei Wang (Queen's University School of Business) has investigated the question. SSRN abstract:

Using recovery of defaulted corporate debt from Standard and Poor's LossStats Database and bankruptcy filing information from Bankruptcy Research Database during the period 1987 through 2004, we find that the choice of bankruptcy filing venue has a significant impact on defaulted debt recovery. Creditors achieve 35% smaller recoveries in bankruptcies filed in Delaware or New York than in other states. Recoveries are found to be lower in New York than Delaware. This can be explained as a large proportion of tort bankruptcies, which lead to lower expected recovery, were filed in New York. We also find that creditors are expected to recover more if the bankruptcy case is filed in the home state. In comparison with previous findings, prepackaged bankruptcies are found to lead to higher recovery. In addition, we find that the average recovery rates of defaulted firms that did not formally file for bankruptcy are 40% higher than the recovery of bankrupted firms. This shows that creditors expect bankruptcy costs to be high in bankruptcy negotiation and reorganization.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.