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Voting Rules in Bankruptcy Law

  • Nicolae Stef EMAIL logo
Published/Copyright: July 2, 2016
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Abstract

We empirically evaluate creditors’ voting conditions and the bankruptcy voting rules of 90 countries. The severity of a voting rule is determined by the threshold values of the majority-voting rules by which creditors impose their interests. The higher the threshold values, the higher is the severity degree of the rule. We find that the bankruptcy laws of countries with German and French legal origin tend to have the least severe voting rules. The Nordic countries have moderate rules. The laws of the common law countries have the most severe rules. These results hold for secured and unsecured claimants. The court’s legal right of overcoming the voting result is granted more often by bankruptcy laws of French and German legal origin. The severity of the voting rules can influence the recovery of creditors’ debt. We show that a coalition of creditors that has a common interest can use the severity of the voting rule to influence the approval of a reorganization plan that provides a higher recovery rate of the creditors’ debt.

JEL Classification: G33; K29; D79

Acknowledgments

The author is grateful to Régis Blazy, Laurent Weill, Bertrand Koebel, Abel François, Heinrich Ursprung, Arye Hillman, Claudine Mangen, Carsten Gerner-Beuerle, seminar participants of the Augustin Cournot Doctoral School, the participants at the 2013 German Law and Economics Association conference, the 2013 Italian Society of Law and Economics (SIDE-ISLE) conference, the 2014 International French Finance Association conference and the 2014 European Association of Law and Economics (EALE) conference for their helpful comments and suggestions. This article was awarded with the Brenno Galli Award for the most promising young scholar paper presented at the SIDE-ISLE 2013 conference. We are also very grateful to our partners and public institutions for their invaluable research assistance in the development of the first version of this article of April 2013.

Appendix

Appendix A1: Bankruptcy laws

CountryName of the lawAdditional sources
AlbaniaAlbanian Bankruptcy Law No. 8901 of 2002Boga & Associates (Tirana, Albania)
AlgeriaCommerce Code of Algeria (2002)
AngolaDecree-Law No. 77 (1986)Henrique Doroteia – Lawyers, (Lisbon, Portugal)
ArgentinaInsolvency and Bankruptcy Law No. 24522 of 1995
ArmeniaLaw on Bankruptcy of 2007Armen Melkumyan, Prudence CJSC, (Armenia)
AustraliaCorporation Act of 2001
AustriaInsolvency Act of 2010Federal Ministry of Justice (Austria)
AzerbaijanLaw No. 604 of the Azerbaijan Republic of 1997LexInfoSys (University of Bremen, Germany)
BahrainBankruptcy and Composition Law of 1987
BangladeshBankruptcy Act No. 10 of 1997
BarbadosChapter 303 of 2002
BelarusLaw of Belarus on Economic Insolvency No. 423-Z of 2000Cerha Hempel Spiegelfeld Hlawati FLLC (Minsk, Belarus)
Belgium2009 Law of Business Survival
BoliviaReorganization Law of 2003
Bosnia and HerzegovinaLaw on Bankruptcy Proceedings of 2007
BotswanaChapter 42 of Insolvency Act (1929)Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.)
BrazilLaw No. 11.101 of 2005Restructuring and Insolvency Multi-jurisdictional Guide, Practical Law Company
BulgariaCommerce Law of 1991Bulgaria Economic Forum
CameroonOHADA No. 7 of 1998
CanadaBankruptcy and Insolvency Act of 1985Restructuring and Insolvency, 2010, Law Business Research Ltd. (U.K.)
ChileLaw No. 18175 of 1982 amended by the Law No. 20080 of 2005Americas Restructuring and Insolvency Guide 2008/2009, Globe Business Publishing
ChinaBankruptcy Law of 2007Restructuring and Insolvency Multi-jurisdictional Guide, Practical Law Company
ColombiaLaw No. 1116 of 2006
Costa RicaCommercial Code of Costa Rica (1964)
CroatiaBankruptcy Law of 2006
CyprusChapter 113 of Company Law
Czech RepublicAct No. 182/2006 on Insolvency and Methods of its ResolutionPeterka & Partners (Prague, Czech Republic)
DenmarkBankruptcy Law of 1977Thomas Dahl Pedersen (Copenhagn, Denmark)
Sj Law (Copenhagn, Denmark)
Ministry of Justice (Denmark)
Dominican RepublicLaw No. 4582 of 1956Restructuring and Insolvency, 2012, Law Business Research Ltd. (U.K.)
EcuadorPreventive Contest Act of 1997
EstoniaReorganization Act of 2004Ministry of Justice (Estonia)
FinlandRestructuring of Enterprises Act of 1993 updated up to 2007Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.)
FranceCommercial Code, Chapter 6, (Sauvegarde Procedure, 2006)
GeorgiaLaw of Georgia on Insolvency Proceedings of 2007
GermanyInsolvency Statute of 1994Ministry of Justice (Germany)
GreeceBankruptcy Code of 2007Mr. Manolis Fellios, (Athens, Greece)
Restructuring and Insolvency, 2011, Law Business Research Ltd. (U.K.)
HungaryAct XLIX of 1991 on Bankruptcy and Liquidation ProceedingsMazars – Audit (Budapest, Hungary)
IcelandBankruptcy Act of 1991Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.)
IndiaBankruptcy Act of India (1956)Restructuring and Insolvency, 2012, Law Business Research Ltd. (U.K.)
IndonesiaLaw No. 37 of 2004
IrelandBankruptcy Act of 1988
IsraelCompanies Law No. 5759 of 1999Restructuring and Insolvency, 2011, Law Business Research Ltd. (U.K.)
ItalyBankruptcy Law No. 267 (1942)Restructuring and Insolvency Multi-jurisdictional Guide, Practical Law Company
JamaicaCompanies Act of 2004
JapanMinjisaiseihou of 1999Masashi Takahashi, Kojima Law Offices (Tokyo, Japan)
KazakhstanLaw of Bankruptcy of 1997
KenyaBankruptcy Act, Chapter 53 (1930)
LatviaInsolvency Law of 2010Ministry of Justice (Latvia)
LithuaniaLaw on Restructuring of Enterprises of 2001
LuxembourgBankruptcy Law (1886)Restructuring and Insolvency, 2010, Law Business Research Ltd. (U.K.)
MacedoniaBankruptcy Law of 2006
MadagascarCommercial Code (1962)
MalaysiaBankruptcy Act (1967)
MexicCommercial Insolvency Law of 2000Restructuring and Insolvency, 2011, Law Business Research Ltd. (U.K.)
MoldovaInsolvency Law No. 632/2001
NamibiaInsolvency Act (1965)
NetherlandsDutch Bankruptcy Act (1986)
New ZealandInsolvency Act of 2006Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.)
NigeriaBankruptcy Act of 2004Restructuring and Insolvency, 2012, Law Business Research Ltd. (U.K.)
NorwayInsolvency Act of 1984Ministry of Justice and Public Security
PakistanCompanies Act of 1984
PanamaCommercial Code (1916)Americas Restructuring and Insolvency Guide 2008/2009, Globe Business Publishing
ParaguayBankruptcy Law No. 154 (1969)
PeruLaw No. 27809 of 2002
PhilippinesFinancial Rehabilitation and Insolvency Act of 2010
PolandLaw on Bankruptcy and Reorganization of 2003Juriscope
PortugalLaw No. 53 of 2004Ministry of Justice (Portugal)
RomaniaInsolvency Law No. 85 of 2006
RussiaFederal Law No. 127-FZ/2002
SerbiaLaw on Bankruptcy Proceedings of 2003
SingaporeBankruptcy Act, Chapter 20 (1995)
SlovakiaAct on Bankruptcy and Restructuring of 2006Restructuring and Insolvency Multi-jurisdictional Guide, Practical Law Company
SloveniaFinancial Operations, Insolvency Proceedings and Compulsory Dissolution Act of 2007Ministry of Justice and Public Administration (Slovenia)
South AfricaCompanies Act No. 61 (1973)Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.)
South KoreaDebtor Rehabilitation and Bankruptcy Act of 2006
SpainLaw No. 22 of 2003
Sri LankaCompanies Act No. 17 (1982)
SwedenReorganization of Business Act of 1996Restructuring and Insolvency, 2010, Law Business Research Ltd. (U.K.)
SwitzerlandFederal Debt Enforcement and Bankruptcy (1997)Ministry of Justice (Switzerland)
ThailandBankruptcy Act No. 4 of 1998
Trinidad and TobagoBankruptcy and Insolvency Act of 2007
TunisiaCommercial Code (1959)
TurkeyExecution and Bankruptcy Law (2003)
UgandaBankruptcy Act of Uganda (1931)
UkraineLaw on Renewal of the Debtor’s Solvency or Declaring Its Bankruptcy of 1992
United Arab EmiratesFederal Law No. 18 of 1993
United KingdomEntreprise Act of 2002, (Administration Procedure)
United StatesU.S. Federal Reform Bankruptcy Act of 1978
UruguayLaw No. 18387 of 2008
VenezuelaCommercial Code (1955)
VietnamLaw on Bankruptcy No. 21 of 2004
ZambiaChapter 82 of Bankruptcy Act (1967)

Appendix A2: Methodology of creating the VTN and the VTV

Case of one-class voting rule: Example of New Zealand

According to the Insolvency Act of New Zealand, article 331 (3) states that “The resolution accepting the proposal must be decided by a majority in number and three-quarters in value of the creditors who: (a) vote and (b) are personally present or are represented at the meeting.” Using this article of the law, we can deduce that the VTN is equal to 0.50 whereas the VTV is equal to 0.75. Moreover, we can observe that the voting process does not require the division of creditors in classes. Thus, the voting rule used in New Zealand is a one-class voting rule.

Case of multiple classes voting rule: Example of Philippines

According to the 2010 Financial Rehabilitation and Insolvency Act of Philippines, section 64 defines the approval conditions of the reorganization plans such that “The Plan shall be deemed rejected unless approved by all classes of creditors whose rights are adversely modified or affected by the Plan. For purposes of this section, the Plan is deemed to have been approved by a class of creditors if members of the said class holding more than fifty percent (50 %) of the total claims of the said class vote in favor of the Plan.” This section of the Philippine law specifies that the plan must be approved by all classes of creditors. Hence, the voting rule is a multiple classes voting rule. In addition, the VTV used to obtain the approval of a class of creditors is equal to 0.50. Nevertheless, we can observe that the voting rule does not use any numerosity requirement. Consequently, the VTN of the Philippine law is nil.

Appendix B: Definition of variables

VariableDefinition
Voting Threshold Number (VTN)The minimum percentage of voting right holders that the creditors have to exceed so that the reorganization plan or amicable settlement is accepted by creditors or by the class of creditors when the voting process groups the creditors in classes. The threshold is included in the voting rule of the bankruptcy law. Ranges from 0 to 1.
Voting Threshold Value (VTV)The minimum percentage of the total debt that creditors must exceed so that the reorganization plan or proposal is accepted by creditors or by the class of creditors when the rule imposes voting in classes. The threshold coexists with VTN. Ranges from 0 to 1.
Voting in ClassesDummy variable equal to 1 when the voting rule is a multiple classes rule. A multiple classes rule implies that a plan is accepted by the creditors if every class of creditors or a majority of classes voted in favor of the plan.
Court’s PowerDummy equal to 1 when the court or the judge has the legal right to overcome the voting decision of creditors by using legal means provided by the insolvency law.
Secured PartialDummy variable that takes into account the secured creditors’ right to vote on the unsecured part of their debt whenever their collateral is insufficient to cover the total value of their claim.
Secured StatusDummy variable equal to 1 if the bankruptcy law provides the right of secured creditors to vote as unsecured if they accept loss of their preferential status. The preferential position enables payment of the secured creditor’s claim before the other claims of unsecured creditors.
Legal OriginDummy variables that identify four main origins of the bankruptcy act or law of each country, e. g. English, French, German and Nordic. Sources: Djankov et al. (2008) and Woods (2007).
GNP per capitaThe average gross national product per capita between 2007 and 2010 (Atlas Method). Source: The World Bank’s Open Data.
Recovery RateRatio between the amounts actually paid to the creditors by a firm and the value of the total debt. Depreciation of the furniture and the deduction of insolvency costs are included. Considers the present value of the debt recovered. Source: The World Bank, Doing Business Project 2012.
LiquidationDummy variable equal to 1 if the legal procedure used to settle the creditors’ claims is a liquidation procedure, and 0 otherwise. Source: Djankov et al. (2008).
ForeclosureDummy variable equal to 1 if a foreclosure procedure was used against the business, and 0 otherwise. Source: Djankov et al. (2008).
DurationThe period of time measured in years starting from the firm’s default until the payment of some or all of the money owed to the bank. Appeals and extensions of the procedure are taken into account. Source: The World Bank, Doing Business Project 2012.
Young LawDummy variable that equals 1 if the bankruptcy law has been adopted since 2004.
D_VTNDummy variable that equals 1 if the voting rule has a numerosity requirement, and 0 otherwise.
INTERF(0.75)Dummy variable that equals 1 if the bankruptcy voting rule has a VTV equal to 0.75 and a VTN equal to 0, and 0 otherwise.
Creditor rightsThe creditor rights index ranges from 0 to 4. A score of one is accorded for each valid aspect of the following: (1) no automatic stay on secured assets in the case of a reorganization procedure, (2) secured creditors are first to be paid in bankruptcy, (3) the creditors’ consent is required to file for reorganization and (4) the management does not keep its position during bankruptcy. Source: La Porta et al. (1998).

Appendix C: Data of unsecured creditors

CountryVTNVTVVoting in ClassesCourt’s PowerSecured PartialSecured Status
English legal origin
Australia0.500.750100
Bahrain0.500.660000
Bangladesh00.660000
Barbados0.500.661010
Botswana0.750.750010
Canada0.500.661000
Cyprus0.500.750000
India0.500.750000
Ireland0.600.600011
Israel0.500.750000
Jamaica0.500.750010
Japan0.500.500010
Kenya0.500.750010
Malaysia0.500.750011
Namibia0.750.750010
New Zealand0.500.750011
Nigeria0.500.660010
Pakistan0.500.751000
Philippines00.501110
Singapore0.500.750000
South Africa0.750.750000
South Korea00.661100
Sri Lanka0.500.751000
Thailand0.500.751000
Trinidad and Tobago0.500.661000
Uganda0.500.750011
United Kingdom00.500010
United States0.500.661100
Zambia0.500.750011
French legal origin
Algeria0.500.660001
Angola0.500.660000
Argentina0.500.661001
Azerbaijan0.500.500001
Belarus00.500100
Belgium0.500.500000
Bolivia00.660010
Brazil00.501100
Bulgaria00.501000
Cameroon0.500.500100
Chile0.660.750001
Colombia00.501000
Costa Rica00.750001
Dominican Republic00.660010
Ecuador00.750000
France00.661110
Indonesia0.500.660010
Italy00.501110
Kazakhstan00.501000
Luxembourg0.500.500000
Madagascar0.500.660001
Mexico00.500000
Moldova0.500.501100
Netherlands0.500.500110
Panama00.750000
Paraguay0.750.660001
Peru00.660100
Portugal0.500.660000
Romania00.501000
Russia00.500100
Spain0.500.500110
Switzerland0.500.660010
Tunisia0.500.660001
Turkey0.500.660010
United Arab Emirates0.500.660001
Uruguay00.500101
Venezuela0.660.660001
Vietnam0.500.660000
German legal origin
Albania0.500.501100
Armenia0.5000010
Austria0.500.500000
Bosnia and Herzegovina00.501011
China0.500.661100
Croatia00.660000
Czech Republic00.501100
Estonia0.500.661100
Germany0.500.501110
Hungary00.500000
Latvia00.501000
Lithuania00.660000
Macedonia0.500.501100
Poland0.500.661000
Serbia00.501000
Slovakia0.500.501100
Slovenia0.500.600000
Ukraine00.500010
Nordic legal origin
Denmark00.500010
Finland0.500.501100
Iceland0.600.600010
Norway0.600.600010
Sweden0.600.600010

Appendix D: Data of secured creditors

CountryVTNVTVCountryVTNVTV
English legal originGerman legal origin
Australia0.500.75Albania0.500.50
Bangladesh00.66Austria0.500.50
Canada0.500.66China0.500.66
Cyprus0.500.75Croatia00.66
India0.500.75Czech Republic00.50
Israel0.500.75Estonia0.500.66
Pakistan0.500.75Hungary00.50
Singapore0.500.75Latvia00.66
South Africa0.750.75Lithuania00.66
South Korea00.75Macedonia0.500.50
Sri Lanka0.500.75Poland0.500.66
Thailand0.500.75Serbia00.50
Trinidad and Tobago0.500.66Slovakia11
United States0.500.66
French legal originNordic legal origin
Angola0.500.66Finland0.500.50
Belarus00.50
Belgium0.500.50
Brazil00.50
Bulgaria00.50
Cameroon0.500.50
Colombia00.50
Ecuador00.75
Kazakhstan00.50
Luxembourg0.500.50
Mexico00.50
Moldova0.500.50
Panama00.75
Peru00.66
Portugal0.500.66
Romania00.50
Russia11

Appendix E: Correlation matrix of unsecured creditors

VTNVTVVoting in ClassesCourt’s PowerSecured PartialSecured StatusEnglish originFrench originGerman originNordic origin
VTV0.314***
(0.003)
Voting in Classes–0.191*–0.220**
(0.071)(0.037)
Court’s Power–0.160–0.317***0.396***
(0.132)(0.002)(0.000)
Secured Partial0.089–0.076–0.215**–0.103
(0.404)(0.476)(0.041)(0.334)
Secured Status0.186*0.204*–0.221**–0.218**0.009
(0.079)(0.054)(0.037)(0.039)(0.936)
English origin0.291***0.489***–0.034–0.186*0.201*–0.029
(0.005)(0.000)(0.753)(0.079)(0.058)(0.786)
French origin–0.204*–0.117–0.175*0.066–0.194*0.220**–0.589***
(0.053)(0.273)(0.099)(0.534)(0.068)(0.038)(0.000)
German origin–0.146–0.369***0.295***0.153–0.129–0.170–0.345***–0.427***
(0.170)(0.000)(0.005)(0.150)(0.227)(0.109)(0.001)(0.000)
Nordic origin0.102–0.102–0.069–0.0310.233**–0.117–0.167–0.207**–0.121
(0.339)(0.339)(0.521)(0.773)(0.027)(0.272)(0.115)(0.049)(0.255)
GNP per capita–0.006–0.178*–0.0610.1280.004–0.183*–0.119–0.0900.0890.283***
(0.955)(0.093)(0.570)(0.228)(0.973)(0.085)(0.263)(0.396)(0.405)(0.007)

Notes: The numbers in parentheses are the p-values.

  1. represents the significance at 1 % level,

  2. represents the significance at 5 % level and

  3. represents the significance at 10 % level.

Appendix F: Correlation matrix of secured creditors

VTNVTVVoting in ClassesCourt’s PowerEnglish originFrench originGerman origin
VTV0.495***
(0.001)
Voting in Classes–0.191*–0.167
(0.071)(0.274)
Court’s Power0.202–0.0070.262*
(0.182)(0.960)(0.082)
English origin0.277*0.461***–0.015–0.198
(0.065)(0.001)(0.922)(0.192)
French origin–0.250*–0.250*–0.247–0.004–0.524***
(0.097)(0.097)(0.103)(0.978)(0.000)
German origin–0.044–0.1120.2310.141–0.429***–0.497***
(0.771)(0.465)(0.127)(0.355)(0.003)(0.001)
GNP per capita0.1270.026–0.056–0.020.006–0.1720.122
(0.407)(0.868)(0.715)(0.989)(0.969)(0.259)(0.426)

Notes: The numbers in parentheses are the p-values.

  1. represents the significance at 1 % level,

  2. represents the significance at 5 % level and

  3. represents the significance at 10 % level.

Appendix G: Correlation matrix of the recovery rate of the creditors’ total debt and the bankruptcy voting conditions

Recovery rateD_VTNINTERF(0.75)Secured StatusVoting in ClassesCourt’s PowerGNP per capitaLiquidationForeclosureDuration
D_VTN0.273**
(0.022)
INTERF (0.75)–0.231*–0.267**
(0.055)(0.025)
Secured Status–0.1920.1520.080
(0.110)(0.209)(0.509)
Voting in Classes–0.004–0.144–0.158–0.203*
(0.973)(0.233)(0.192)(0.093)
Court’s Power0.106–0.084–0.134–0.221**0.386***
(0.381)(0.492)(0.269)(0.066)(0.000)
GNP per capita0.739***0.173–0.139–0.094–0.0810.125
(0.000)(0.151)(0.252)(0.438)(0.504)(0.304)
Liquidation0.0320.046–0.134–0.1390.0570.0900.119
(0.792)(0.703)(0.269)(0.250)(0.642)(0.459)(0.327)
Foreclosure–0.0400.0380.0450.243**–0.214*–0.137–0.052–0.358***
(0.744)(0.754)(0.714)(0.042)(0.076)(0.258)(0.666)(0.002)
Duration–0.802***–0.1800.240**0.0750.038–0.040–0.533***0.013–0.105
(0.000)(0.136)(0.046)(0.536)(0.756)(0.741)(0.000)(0.918)(0.386)
Young Law–0.024–0.071–0.148–0.0210.240**0.164–0.154–0.1060.242**0.127
(0.847)(0.561)(0.221)(0.862)(0.045)(0.176)(0.203)(0.383)(0.043)(0.293)
Creditor rights0.1220.132–0.066–0.029–0.1350.0090.1520.287**0.334***–0.122
(0.316)(0.274)(0.586)(0.810)(0.263)(0.942)(0.208)(0.016)(0.004)(0.316)

Notes: The total number of observations of the subsample is 70. The numbers in parentheses are the p-values.

  1. represents the significance at 1 % level,

  2. represents the significance at 5 % level and

  3. represents the significance at 10 % level.

References

Acharya, V.V., Y. Amihud, and L. Litov. 2011. “Creditor Rights and Corporate Risk-Taking,” 102 Journal of Financial Economics 150–166.10.3386/w15569Search in Google Scholar

Acharya, V.V., and K.V. Subramanian. 2009. “Bankruptcy Codes and Innovation,” 22 Review of Financial Studies 4949–4988.10.1093/rfs/hhp019Search in Google Scholar

Armour, J., and D. Cumming. 2008. “Bankruptcy Law and Entrepreneurship,” 10 American Law and Economics Review 303–350.10.1093/aler/ahn008Search in Google Scholar

Baird, D.G. 1986. “The Uneasy Case for Corporate Reorganizations,” 15 Journal of Legal Studies 127–147.10.1017/CBO9780511609435.029Search in Google Scholar

Beck, T., A. Demirgüç-Kunt, and R. Levine. 2003. “Law and Finance: Why Does Legal Origin Matter?” 31 Journal of Comparative Economics 653–675.10.3386/w9379Search in Google Scholar

Berkovitch, E., and R. Israel. 1998. “The Bankruptcy Decision and Debt Contract Renegotiations,” 2 European Finance Review 1–27.10.1023/A:1009738110075Search in Google Scholar

Berkovitch, E., R. Israel, and J.F. Zender. 1998. “The Design of Bankruptcy Law: A Case for Management Bias in Bankruptcy Reorganizations,” 33 Journal of Financial and Quantitative Analysis 441–464.10.2307/2331127Search in Google Scholar

Blazy, R., and B. Chopard. 2004. “Ex Post Efficiency of Bankruptcy Procedures: A General Normative Framework,” 24 International Review of Law and Economics 447–471.10.1016/j.irle.2005.01.004Search in Google Scholar

Blazy, R., and B. Chopard. 2012. “(Un)Secured Debt and the Likelihood of Court-Supervised Reorganization,” 34 European Journal of Law and Economics 45–61.10.1007/s10657-010-9160-4Search in Google Scholar

Bolton, P., and D.S. Scharfstein. 1996. “Optimal Debt Structure and the Number of Creditors,” 104 Journal of Political Economy 1–25.10.1086/262015Search in Google Scholar

Börgers, T. 2004. “Costly Voting,” 94 American Economic Review 57–66.10.1257/000282804322970706Search in Google Scholar

Braham, M., and F. Steffen. 2003. “Voting Rules in Insolvency Law: A Simple-Game Theoretic Approach,” 22 International Review of Law and Economics 421–442.10.1016/S0144-8188(02)00113-8Search in Google Scholar

Broadie, M., M. Chernov, and S. Sundaresan. 2007. “Optimal Debt and Equity Values in the Presence of Chapter 7 and Chapter 11,” 62 The Journal of Finance 1341–1377.10.1111/j.1540-6261.2007.01238.xSearch in Google Scholar

Brown, D.T. 1989. “Claimholder Incentive Conflicts in Reorganization: The Role of Bankruptcy Law,” 2 Review of Financial Studies 109–123.10.1093/rfs/2.1.109Search in Google Scholar

Claessens, S., and L.F. Klapper. 2005. “Bankruptcy Around the World: Explanations of Its Relative Use,” 7 American Law and Economics Review 253–283.10.1093/aler/ahi004Search in Google Scholar

Davydenko, S.A., and J.R. Franks. 2008. “Do Bankruptcy Codes Matter? a Study of Defaults in France, Germany and the U.K,” 63 Journal of Finance 565–608.10.1111/j.1540-6261.2008.01325.xSearch in Google Scholar

Djankov, S., O. Hart, C. McLiesh, and A. Shleifer. 2008. “Debt Enforcement Around the World,” 116 Journal of Political Economy 1105–1149.10.3386/w12807Search in Google Scholar

Djankov, S., C. McLiesh, and A. Shleifer. 2007. “Private Credit in 129 Countries,” 84 Journal of Financial Economics 299–329.10.3386/w11078Search in Google Scholar

Feddersen, T.J., and W. Pesendorfer. 1996. “The Swing Voter’s Curse,” 86 American Economic Review 408–424.Search in Google Scholar

Guttman, J.M. 1998. “Unanimity and Majority Rule: The Calculus of Consent Reconsidered,” 14 European Journal of Political Economy 189–207.10.1016/S0176-2680(98)00002-0Search in Google Scholar

Hart, O. 2000. “Different Approaches to Bankruptcy,” Harvard Institute of Economic Research Paper.10.3386/w7921Search in Google Scholar

Karotkin, D. 1993. “Inferiority of Restricted Majority Decision Rules,” 77 Public Choice 249–258.10.1007/BF01047868Search in Google Scholar

Krishna, V., and J. Morgan. 2012. “Voluntary Voting: Costs and Benefits,” 147 Journal of Economic Theory 2083–2123.10.1016/j.jet.2012.09.006Search in Google Scholar

La Porta, R., F. Lopez-de-Silanes, A. Shleifer, and R.W. Vishny. 1998. “Law and Finance,” 106 Journal of Political Economy 1113–1155.10.3386/w5661Search in Google Scholar

Longhofer, S.D., and C.T. Carlstrom. 1995. “Absolute Priority Rule Violations in Bankruptcy,” 31 Economic Review 21–30.Search in Google Scholar

Maug, E., and B. Yilmaz. 2002. “Two-Class Voting: A Mechanism for Conflict Resolution,” 92 American Economic Review 1448–1471.10.1257/000282802762024584Search in Google Scholar

McGann, A.J. 2004. “The Tyranny of the Supermajority How Majority Rule Protects Minorities,” 16 Journal of Theoretical Politics 53–77.10.1177/0951629804038902Search in Google Scholar

Messner, M., and M.K. Polborn. 2004. “Voting on Majority Rules,” 71 Review of Economic Studies 115–132.10.1111/0034-6527.00278Search in Google Scholar

Messner, M., and M.K. Polborn. 2012. “The Option to Wait in Collective Decisions and Optimal Majority Rules,” 96 Journal of Public Economics 524–540.10.1016/j.jpubeco.2012.01.002Search in Google Scholar

Mooradian, R.M. 1994. “The Effect of Bankruptcy Protection on Investment: Chapter 11 as a Screening Device,” 49 Journal of Finance 1403–1430.10.1111/j.1540-6261.1994.tb02459.xSearch in Google Scholar

Nitzan, S., and J. Paroush. 1984. “Are Qualified Majority Rules Special?,” 42 Public Choice 257–272.10.1007/BF00124945Search in Google Scholar

O’Neill, B., and B. Peleg. 2000. “Voting by Count and Account: Reconciling Power and Equality in International Organizations,” Working Paper, Hebrew University.Search in Google Scholar

Peleg, B. 1992. “Voting by Count and Account,” in R. Selten, eds. Rational Interaction: Essays in Honor of John C. Harsanyi. Berlin Heidelberg: Springer-Verlag. 45–51.10.1007/978-3-662-09664-2_5Search in Google Scholar

Qian, J., and P.E. Strahan. 2007. “How Laws and Institutions Shape Financial Contracts: The Case of Bank Loans,” 62 Journal of Finance 2803–2834.10.3386/w11052Search in Google Scholar

Suk-Young Chwe, M. 1999. “Minority Voting Rights Can Maximize Majority Welfare,” 93 American Political Science Review 85–97.10.2307/2585762Search in Google Scholar

Woods, P. 2007. “Principles of International Insolvency,” 1 The Law and Practice of International Finance Series 1–1064.Search in Google Scholar

Young, H.P. 1988. “Condorcet’s Theory of Voting,” 82 American Political Science Review 1231–1244.10.2307/1961757Search in Google Scholar

Published Online: 2016-7-2
Published in Print: 2017-3-1

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