博弈论破产估值

Game-Theoretic Bankruptcy Valuation

Journal of Legal Studies · 2012
被引 11
ABS 3

中文导读

研究了美国破产重组中债务人与担保债权人之间的博弈,提出一种由次级权益方提出重组计划的中介机制,以解决效率低下和绝对优先权违反问题。

Abstract

The rules of bankruptcy reorganization in the United States permit a debtor to retain a secured claim’s collateral in exchange for judicially approved compensation even over the objection of the secured creditor. An alternative would grant a secured creditor the right to recover its collateral unless satisfied with the compensation, a right often implicit in modern bankruptcy practice despite the formal rules. Either debtor or secured creditor domination of the bankruptcy process may yield inefficient continuation decisions, violations of absolute priority, and high transactions cost. As a remedy to these pitfalls, a mechanism that would mediate between debtor and creditor control and could harness the parties’ information about collateral value is proposed here: junior interests would, on behalf of the debtor, propose a reorganization plan that could include a take-it-or-leave-it offer for collateral with assured liquidation of the collateral being the consequence if the secured creditor rejected the plan.

破产法公司金融博弈论法律经济学