« A New Measure of ELS Output | Main | 2006 ELS Ranking »

29 September 2006

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451b58069e200d834b73f5853ef

Listed below are links to weblogs that reference Empirical Test of Contractualism in Bankruptcy Theory:

Comments

bouwgronden te koop

Yes,I think this is really great piece of information reported in this blog.Thanks

Bob Rasmussen

As I've written elsewhere (Empirically Bankrupt, forthcoming Columbia Law & Bus. Rev (available on SSRN)), the Warren and Westbrook study has a number of flaws that undermine its conclusions. First, half of their data comes from individual debtors. Bankruptcy choice regimes, by their explicit terms, are limited to corporations.

Second, the study collects no data on the recovery to the unsecured creditors on which its conclusions rest. Data from other studies strongly suggests that the median recovery for the unsecured creditors in their data set is zero. There cannot be redistribution from folks that are today recovering nothing.

Finally, the paper assumes a linear relationship between the transaction costs of bankruptcy choice and the number of creditors that a debtor has, and that these costs would be substantial. Bankruptcy choice proposals, however, have mechanisms designed to ensure that the choice of the bankrutpcy regime is communicated at low cost. Moreover,the paper has no data at all on the question of what the regimes would, in fact, cost.

The comments to this entry are closed.

Conferences

August 2014

Sun Mon Tue Wed Thu Fri Sat
          1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31            

Site Meter


Creative Commons License


  • Creative Commons License
Blog powered by Typepad