有意使用破产法第11章:拖延与立即申请

The intentional use of chapter XI: Lingering versus immediate filing

STRATEGIC MANAGEMENT JOURNAL · 1991
被引 33
人大 AFT50UTD24ABS 4*

中文导读

研究了企业在财务破产前选择申请破产法第11章保护的时机(延迟或加速),发现环境逆境程度和组织资源(尤其是闲置资源)影响这一选择,管理层主动干预有助于提高重组成功率。

Abstract

Abstract This paper focuses on the timing, i.e. delay or accelerate, of the declaration of Chapter XI prior to financial insolvency. Chapter XI can be declared by firms who believe that the firm can emerge from bankruptcy protection as a re‐vitalized organization. The timing of its selection is proposed to be a function of the level of environmental adversity and organizational attributes, especially slack resources. Recent developments in the bankruptcy code and its usage by firms, suggest the increasing use of managerial prerogative in the selection of Chapter XI prior to financial insolvency. Chapter XI protection can allow firms the necessary time for effective reorganization if managerial intervention is exercised. As a result of a more precise timing of selection and a proactive reorganization, there will be a higher probability of re‐emerging from bankruptcy as a revitalized organization.

破产法公司财务组织行为法律经济学