对冲基金与第11章破产程序

Hedge Funds and Chapter 11

Journal of Finance · 2012
被引 21
人大 A+FT50UTD24ABS 4*

中文导读

研究对冲基金在《美国破产法》第11章程序中的角色,发现它们通过策略性选择资本结构位置影响破产结果,平衡债务人与有担保债权人之间的权力。

Abstract

ABSTRACT This paper studies the presence of hedge funds in the Chapter 11 process and their effects on bankruptcy outcomes. Hedge funds strategically choose positions in the capital structure where their actions could have a bigger impact on value. Their presence, especially as unsecured creditors, helps balance power between the debtor and secured creditors. Their effect on the debtor manifests in higher probabilities of the latter's loss of exclusive rights to file reorganization plans, CEO turnover, and adoptions of key employee retention plan, while their effect on secured creditors manifests in higher probabilities of emergence and payoffs to junior claims.

对冲基金破产重整债权人权利公司治理