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.
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
| Country | Name of the law | Additional sources |
|---|---|---|
| Albania | Albanian Bankruptcy Law No. 8901 of 2002 | Boga & Associates (Tirana, Albania) |
| Algeria | Commerce Code of Algeria (2002) | |
| Angola | Decree-Law No. 77 (1986) | Henrique Doroteia – Lawyers, (Lisbon, Portugal) |
| Argentina | Insolvency and Bankruptcy Law No. 24522 of 1995 | |
| Armenia | Law on Bankruptcy of 2007 | Armen Melkumyan, Prudence CJSC, (Armenia) |
| Australia | Corporation Act of 2001 | |
| Austria | Insolvency Act of 2010 | Federal Ministry of Justice (Austria) |
| Azerbaijan | Law No. 604 of the Azerbaijan Republic of 1997 | LexInfoSys (University of Bremen, Germany) |
| Bahrain | Bankruptcy and Composition Law of 1987 | |
| Bangladesh | Bankruptcy Act No. 10 of 1997 | |
| Barbados | Chapter 303 of 2002 | |
| Belarus | Law of Belarus on Economic Insolvency No. 423-Z of 2000 | Cerha Hempel Spiegelfeld Hlawati FLLC (Minsk, Belarus) |
| Belgium | 2009 Law of Business Survival | |
| Bolivia | Reorganization Law of 2003 | |
| Bosnia and Herzegovina | Law on Bankruptcy Proceedings of 2007 | |
| Botswana | Chapter 42 of Insolvency Act (1929) | Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.) |
| Brazil | Law No. 11.101 of 2005 | Restructuring and Insolvency Multi-jurisdictional Guide, Practical Law Company |
| Bulgaria | Commerce Law of 1991 | Bulgaria Economic Forum |
| Cameroon | OHADA No. 7 of 1998 | |
| Canada | Bankruptcy and Insolvency Act of 1985 | Restructuring and Insolvency, 2010, Law Business Research Ltd. (U.K.) |
| Chile | Law No. 18175 of 1982 amended by the Law No. 20080 of 2005 | Americas Restructuring and Insolvency Guide 2008/2009, Globe Business Publishing |
| China | Bankruptcy Law of 2007 | Restructuring and Insolvency Multi-jurisdictional Guide, Practical Law Company |
| Colombia | Law No. 1116 of 2006 | |
| Costa Rica | Commercial Code of Costa Rica (1964) | |
| Croatia | Bankruptcy Law of 2006 | |
| Cyprus | Chapter 113 of Company Law | |
| Czech Republic | Act No. 182/2006 on Insolvency and Methods of its Resolution | Peterka & Partners (Prague, Czech Republic) |
| Denmark | Bankruptcy Law of 1977 | Thomas Dahl Pedersen (Copenhagn, Denmark) |
| Sj Law (Copenhagn, Denmark) | ||
| Ministry of Justice (Denmark) | ||
| Dominican Republic | Law No. 4582 of 1956 | Restructuring and Insolvency, 2012, Law Business Research Ltd. (U.K.) |
| Ecuador | Preventive Contest Act of 1997 | |
| Estonia | Reorganization Act of 2004 | Ministry of Justice (Estonia) |
| Finland | Restructuring of Enterprises Act of 1993 updated up to 2007 | Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.) |
| France | Commercial Code, Chapter 6, (Sauvegarde Procedure, 2006) | |
| Georgia | Law of Georgia on Insolvency Proceedings of 2007 | |
| Germany | Insolvency Statute of 1994 | Ministry of Justice (Germany) |
| Greece | Bankruptcy Code of 2007 | Mr. Manolis Fellios, (Athens, Greece) |
| Restructuring and Insolvency, 2011, Law Business Research Ltd. (U.K.) | ||
| Hungary | Act XLIX of 1991 on Bankruptcy and Liquidation Proceedings | Mazars – Audit (Budapest, Hungary) |
| Iceland | Bankruptcy Act of 1991 | Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.) |
| India | Bankruptcy Act of India (1956) | Restructuring and Insolvency, 2012, Law Business Research Ltd. (U.K.) |
| Indonesia | Law No. 37 of 2004 | |
| Ireland | Bankruptcy Act of 1988 | |
| Israel | Companies Law No. 5759 of 1999 | Restructuring and Insolvency, 2011, Law Business Research Ltd. (U.K.) |
| Italy | Bankruptcy Law No. 267 (1942) | Restructuring and Insolvency Multi-jurisdictional Guide, Practical Law Company |
| Jamaica | Companies Act of 2004 | |
| Japan | Minjisaiseihou of 1999 | Masashi Takahashi, Kojima Law Offices (Tokyo, Japan) |
| Kazakhstan | Law of Bankruptcy of 1997 | |
| Kenya | Bankruptcy Act, Chapter 53 (1930) | |
| Latvia | Insolvency Law of 2010 | Ministry of Justice (Latvia) |
| Lithuania | Law on Restructuring of Enterprises of 2001 | |
| Luxembourg | Bankruptcy Law (1886) | Restructuring and Insolvency, 2010, Law Business Research Ltd. (U.K.) |
| Macedonia | Bankruptcy Law of 2006 | |
| Madagascar | Commercial Code (1962) | |
| Malaysia | Bankruptcy Act (1967) | |
| Mexic | Commercial Insolvency Law of 2000 | Restructuring and Insolvency, 2011, Law Business Research Ltd. (U.K.) |
| Moldova | Insolvency Law No. 632/2001 | |
| Namibia | Insolvency Act (1965) | |
| Netherlands | Dutch Bankruptcy Act (1986) | |
| New Zealand | Insolvency Act of 2006 | Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.) |
| Nigeria | Bankruptcy Act of 2004 | Restructuring and Insolvency, 2012, Law Business Research Ltd. (U.K.) |
| Norway | Insolvency Act of 1984 | Ministry of Justice and Public Security |
| Pakistan | Companies Act of 1984 | |
| Panama | Commercial Code (1916) | Americas Restructuring and Insolvency Guide 2008/2009, Globe Business Publishing |
| Paraguay | Bankruptcy Law No. 154 (1969) | |
| Peru | Law No. 27809 of 2002 | |
| Philippines | Financial Rehabilitation and Insolvency Act of 2010 | |
| Poland | Law on Bankruptcy and Reorganization of 2003 | Juriscope |
| Portugal | Law No. 53 of 2004 | Ministry of Justice (Portugal) |
| Romania | Insolvency Law No. 85 of 2006 | |
| Russia | Federal Law No. 127-FZ/2002 | |
| Serbia | Law on Bankruptcy Proceedings of 2003 | |
| Singapore | Bankruptcy Act, Chapter 20 (1995) | |
| Slovakia | Act on Bankruptcy and Restructuring of 2006 | Restructuring and Insolvency Multi-jurisdictional Guide, Practical Law Company |
| Slovenia | Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act of 2007 | Ministry of Justice and Public Administration (Slovenia) |
| South Africa | Companies Act No. 61 (1973) | Restructuring and Insolvency, 2009, Law Business Research Ltd. (U.K.) |
| South Korea | Debtor Rehabilitation and Bankruptcy Act of 2006 | |
| Spain | Law No. 22 of 2003 | |
| Sri Lanka | Companies Act No. 17 (1982) | |
| Sweden | Reorganization of Business Act of 1996 | Restructuring and Insolvency, 2010, Law Business Research Ltd. (U.K.) |
| Switzerland | Federal Debt Enforcement and Bankruptcy (1997) | Ministry of Justice (Switzerland) |
| Thailand | Bankruptcy Act No. 4 of 1998 | |
| Trinidad and Tobago | Bankruptcy and Insolvency Act of 2007 | |
| Tunisia | Commercial Code (1959) | |
| Turkey | Execution and Bankruptcy Law (2003) | |
| Uganda | Bankruptcy Act of Uganda (1931) | |
| Ukraine | Law on Renewal of the Debtor’s Solvency or Declaring Its Bankruptcy of 1992 | |
| United Arab Emirates | Federal Law No. 18 of 1993 | |
| United Kingdom | Entreprise Act of 2002, (Administration Procedure) | |
| United States | U.S. Federal Reform Bankruptcy Act of 1978 | |
| Uruguay | Law No. 18387 of 2008 | |
| Venezuela | Commercial Code (1955) | |
| Vietnam | Law on Bankruptcy No. 21 of 2004 | |
| Zambia | Chapter 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
| Variable | Definition |
|---|---|
| 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 Classes | Dummy 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 Power | Dummy 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 Partial | Dummy 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 Status | Dummy 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 Origin | Dummy 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 capita | The average gross national product per capita between 2007 and 2010 (Atlas Method). Source: The World Bank’s Open Data. |
| Recovery Rate | Ratio 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. |
| Liquidation | Dummy 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). |
| Foreclosure | Dummy variable equal to 1 if a foreclosure procedure was used against the business, and 0 otherwise. Source: Djankov et al. (2008). |
| Duration | The 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 Law | Dummy variable that equals 1 if the bankruptcy law has been adopted since 2004. |
| D_VTN | Dummy 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 rights | The 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
| Country | VTN | VTV | Voting in Classes | Court’s Power | Secured Partial | Secured Status |
|---|---|---|---|---|---|---|
| English legal origin | ||||||
| Australia | 0.50 | 0.75 | 0 | 1 | 0 | 0 |
| Bahrain | 0.50 | 0.66 | 0 | 0 | 0 | 0 |
| Bangladesh | 0 | 0.66 | 0 | 0 | 0 | 0 |
| Barbados | 0.50 | 0.66 | 1 | 0 | 1 | 0 |
| Botswana | 0.75 | 0.75 | 0 | 0 | 1 | 0 |
| Canada | 0.50 | 0.66 | 1 | 0 | 0 | 0 |
| Cyprus | 0.50 | 0.75 | 0 | 0 | 0 | 0 |
| India | 0.50 | 0.75 | 0 | 0 | 0 | 0 |
| Ireland | 0.60 | 0.60 | 0 | 0 | 1 | 1 |
| Israel | 0.50 | 0.75 | 0 | 0 | 0 | 0 |
| Jamaica | 0.50 | 0.75 | 0 | 0 | 1 | 0 |
| Japan | 0.50 | 0.50 | 0 | 0 | 1 | 0 |
| Kenya | 0.50 | 0.75 | 0 | 0 | 1 | 0 |
| Malaysia | 0.50 | 0.75 | 0 | 0 | 1 | 1 |
| Namibia | 0.75 | 0.75 | 0 | 0 | 1 | 0 |
| New Zealand | 0.50 | 0.75 | 0 | 0 | 1 | 1 |
| Nigeria | 0.50 | 0.66 | 0 | 0 | 1 | 0 |
| Pakistan | 0.50 | 0.75 | 1 | 0 | 0 | 0 |
| Philippines | 0 | 0.50 | 1 | 1 | 1 | 0 |
| Singapore | 0.50 | 0.75 | 0 | 0 | 0 | 0 |
| South Africa | 0.75 | 0.75 | 0 | 0 | 0 | 0 |
| South Korea | 0 | 0.66 | 1 | 1 | 0 | 0 |
| Sri Lanka | 0.50 | 0.75 | 1 | 0 | 0 | 0 |
| Thailand | 0.50 | 0.75 | 1 | 0 | 0 | 0 |
| Trinidad and Tobago | 0.50 | 0.66 | 1 | 0 | 0 | 0 |
| Uganda | 0.50 | 0.75 | 0 | 0 | 1 | 1 |
| United Kingdom | 0 | 0.50 | 0 | 0 | 1 | 0 |
| United States | 0.50 | 0.66 | 1 | 1 | 0 | 0 |
| Zambia | 0.50 | 0.75 | 0 | 0 | 1 | 1 |
| French legal origin | ||||||
| Algeria | 0.50 | 0.66 | 0 | 0 | 0 | 1 |
| Angola | 0.50 | 0.66 | 0 | 0 | 0 | 0 |
| Argentina | 0.50 | 0.66 | 1 | 0 | 0 | 1 |
| Azerbaijan | 0.50 | 0.50 | 0 | 0 | 0 | 1 |
| Belarus | 0 | 0.50 | 0 | 1 | 0 | 0 |
| Belgium | 0.50 | 0.50 | 0 | 0 | 0 | 0 |
| Bolivia | 0 | 0.66 | 0 | 0 | 1 | 0 |
| Brazil | 0 | 0.50 | 1 | 1 | 0 | 0 |
| Bulgaria | 0 | 0.50 | 1 | 0 | 0 | 0 |
| Cameroon | 0.50 | 0.50 | 0 | 1 | 0 | 0 |
| Chile | 0.66 | 0.75 | 0 | 0 | 0 | 1 |
| Colombia | 0 | 0.50 | 1 | 0 | 0 | 0 |
| Costa Rica | 0 | 0.75 | 0 | 0 | 0 | 1 |
| Dominican Republic | 0 | 0.66 | 0 | 0 | 1 | 0 |
| Ecuador | 0 | 0.75 | 0 | 0 | 0 | 0 |
| France | 0 | 0.66 | 1 | 1 | 1 | 0 |
| Indonesia | 0.50 | 0.66 | 0 | 0 | 1 | 0 |
| Italy | 0 | 0.50 | 1 | 1 | 1 | 0 |
| Kazakhstan | 0 | 0.50 | 1 | 0 | 0 | 0 |
| Luxembourg | 0.50 | 0.50 | 0 | 0 | 0 | 0 |
| Madagascar | 0.50 | 0.66 | 0 | 0 | 0 | 1 |
| Mexico | 0 | 0.50 | 0 | 0 | 0 | 0 |
| Moldova | 0.50 | 0.50 | 1 | 1 | 0 | 0 |
| Netherlands | 0.50 | 0.50 | 0 | 1 | 1 | 0 |
| Panama | 0 | 0.75 | 0 | 0 | 0 | 0 |
| Paraguay | 0.75 | 0.66 | 0 | 0 | 0 | 1 |
| Peru | 0 | 0.66 | 0 | 1 | 0 | 0 |
| Portugal | 0.50 | 0.66 | 0 | 0 | 0 | 0 |
| Romania | 0 | 0.50 | 1 | 0 | 0 | 0 |
| Russia | 0 | 0.50 | 0 | 1 | 0 | 0 |
| Spain | 0.50 | 0.50 | 0 | 1 | 1 | 0 |
| Switzerland | 0.50 | 0.66 | 0 | 0 | 1 | 0 |
| Tunisia | 0.50 | 0.66 | 0 | 0 | 0 | 1 |
| Turkey | 0.50 | 0.66 | 0 | 0 | 1 | 0 |
| United Arab Emirates | 0.50 | 0.66 | 0 | 0 | 0 | 1 |
| Uruguay | 0 | 0.50 | 0 | 1 | 0 | 1 |
| Venezuela | 0.66 | 0.66 | 0 | 0 | 0 | 1 |
| Vietnam | 0.50 | 0.66 | 0 | 0 | 0 | 0 |
| German legal origin | ||||||
| Albania | 0.50 | 0.50 | 1 | 1 | 0 | 0 |
| Armenia | 0.50 | 0 | 0 | 0 | 1 | 0 |
| Austria | 0.50 | 0.50 | 0 | 0 | 0 | 0 |
| Bosnia and Herzegovina | 0 | 0.50 | 1 | 0 | 1 | 1 |
| China | 0.50 | 0.66 | 1 | 1 | 0 | 0 |
| Croatia | 0 | 0.66 | 0 | 0 | 0 | 0 |
| Czech Republic | 0 | 0.50 | 1 | 1 | 0 | 0 |
| Estonia | 0.50 | 0.66 | 1 | 1 | 0 | 0 |
| Germany | 0.50 | 0.50 | 1 | 1 | 1 | 0 |
| Hungary | 0 | 0.50 | 0 | 0 | 0 | 0 |
| Latvia | 0 | 0.50 | 1 | 0 | 0 | 0 |
| Lithuania | 0 | 0.66 | 0 | 0 | 0 | 0 |
| Macedonia | 0.50 | 0.50 | 1 | 1 | 0 | 0 |
| Poland | 0.50 | 0.66 | 1 | 0 | 0 | 0 |
| Serbia | 0 | 0.50 | 1 | 0 | 0 | 0 |
| Slovakia | 0.50 | 0.50 | 1 | 1 | 0 | 0 |
| Slovenia | 0.50 | 0.60 | 0 | 0 | 0 | 0 |
| Ukraine | 0 | 0.50 | 0 | 0 | 1 | 0 |
| Nordic legal origin | ||||||
| Denmark | 0 | 0.50 | 0 | 0 | 1 | 0 |
| Finland | 0.50 | 0.50 | 1 | 1 | 0 | 0 |
| Iceland | 0.60 | 0.60 | 0 | 0 | 1 | 0 |
| Norway | 0.60 | 0.60 | 0 | 0 | 1 | 0 |
| Sweden | 0.60 | 0.60 | 0 | 0 | 1 | 0 |
Appendix D: Data of secured creditors
| Country | VTN | VTV | Country | VTN | VTV |
|---|---|---|---|---|---|
| English legal origin | German legal origin | ||||
| Australia | 0.50 | 0.75 | Albania | 0.50 | 0.50 |
| Bangladesh | 0 | 0.66 | Austria | 0.50 | 0.50 |
| Canada | 0.50 | 0.66 | China | 0.50 | 0.66 |
| Cyprus | 0.50 | 0.75 | Croatia | 0 | 0.66 |
| India | 0.50 | 0.75 | Czech Republic | 0 | 0.50 |
| Israel | 0.50 | 0.75 | Estonia | 0.50 | 0.66 |
| Pakistan | 0.50 | 0.75 | Hungary | 0 | 0.50 |
| Singapore | 0.50 | 0.75 | Latvia | 0 | 0.66 |
| South Africa | 0.75 | 0.75 | Lithuania | 0 | 0.66 |
| South Korea | 0 | 0.75 | Macedonia | 0.50 | 0.50 |
| Sri Lanka | 0.50 | 0.75 | Poland | 0.50 | 0.66 |
| Thailand | 0.50 | 0.75 | Serbia | 0 | 0.50 |
| Trinidad and Tobago | 0.50 | 0.66 | Slovakia | 1 | 1 |
| United States | 0.50 | 0.66 | |||
| French legal origin | Nordic legal origin | ||||
| Angola | 0.50 | 0.66 | Finland | 0.50 | 0.50 |
| Belarus | 0 | 0.50 | |||
| Belgium | 0.50 | 0.50 | |||
| Brazil | 0 | 0.50 | |||
| Bulgaria | 0 | 0.50 | |||
| Cameroon | 0.50 | 0.50 | |||
| Colombia | 0 | 0.50 | |||
| Ecuador | 0 | 0.75 | |||
| Kazakhstan | 0 | 0.50 | |||
| Luxembourg | 0.50 | 0.50 | |||
| Mexico | 0 | 0.50 | |||
| Moldova | 0.50 | 0.50 | |||
| Panama | 0 | 0.75 | |||
| Peru | 0 | 0.66 | |||
| Portugal | 0.50 | 0.66 | |||
| Romania | 0 | 0.50 | |||
| Russia | 1 | 1 |
Appendix E: Correlation matrix of unsecured creditors
| VTN | VTV | Voting in Classes | Court’s Power | Secured Partial | Secured Status | English origin | French origin | German origin | Nordic origin | |
|---|---|---|---|---|---|---|---|---|---|---|
| VTV | 0.314*** | |||||||||
| (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 Partial | 0.089 | –0.076 | –0.215** | –0.103 | ||||||
| (0.404) | (0.476) | (0.041) | (0.334) | |||||||
| Secured Status | 0.186* | 0.204* | –0.221** | –0.218** | 0.009 | |||||
| (0.079) | (0.054) | (0.037) | (0.039) | (0.936) | ||||||
| English origin | 0.291*** | 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 origin | 0.102 | –0.102 | –0.069 | –0.031 | 0.233** | –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* | –0.061 | 0.128 | 0.004 | –0.183* | –0.119 | –0.090 | 0.089 | 0.283*** |
| (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.
represents the significance at 1 % level,
represents the significance at 5 % level and
represents the significance at 10 % level.
Appendix F: Correlation matrix of secured creditors
| VTN | VTV | Voting in Classes | Court’s Power | English origin | French origin | German origin | |
|---|---|---|---|---|---|---|---|
| VTV | 0.495*** | ||||||
| (0.001) | |||||||
| Voting in Classes | –0.191* | –0.167 | |||||
| (0.071) | (0.274) | ||||||
| Court’s Power | 0.202 | –0.007 | 0.262* | ||||
| (0.182) | (0.960) | (0.082) | |||||
| English origin | 0.277* | 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 | –0.112 | 0.231 | 0.141 | –0.429*** | –0.497*** | |
| (0.771) | (0.465) | (0.127) | (0.355) | (0.003) | (0.001) | ||
| GNP per capita | 0.127 | 0.026 | –0.056 | –0.02 | 0.006 | –0.172 | 0.122 |
| (0.407) | (0.868) | (0.715) | (0.989) | (0.969) | (0.259) | (0.426) |
Notes: The numbers in parentheses are the p-values.
represents the significance at 1 % level,
represents the significance at 5 % level and
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 rate | D_VTN | INTERF(0.75) | Secured Status | Voting in Classes | Court’s Power | GNP per capita | Liquidation | Foreclosure | Duration | |
|---|---|---|---|---|---|---|---|---|---|---|
| D_VTN | 0.273** | |||||||||
| (0.022) | ||||||||||
| INTERF (0.75) | –0.231* | –0.267** | ||||||||
| (0.055) | (0.025) | |||||||||
| Secured Status | –0.192 | 0.152 | 0.080 | |||||||
| (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 Power | 0.106 | –0.084 | –0.134 | –0.221** | 0.386*** | |||||
| (0.381) | (0.492) | (0.269) | (0.066) | (0.000) | ||||||
| GNP per capita | 0.739*** | 0.173 | –0.139 | –0.094 | –0.081 | 0.125 | ||||
| (0.000) | (0.151) | (0.252) | (0.438) | (0.504) | (0.304) | |||||
| Liquidation | 0.032 | 0.046 | –0.134 | –0.139 | 0.057 | 0.090 | 0.119 | |||
| (0.792) | (0.703) | (0.269) | (0.250) | (0.642) | (0.459) | (0.327) | ||||
| Foreclosure | –0.040 | 0.038 | 0.045 | 0.243** | –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*** | –0.180 | 0.240** | 0.075 | 0.038 | –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 | –0.021 | 0.240** | 0.164 | –0.154 | –0.106 | 0.242** | 0.127 |
| (0.847) | (0.561) | (0.221) | (0.862) | (0.045) | (0.176) | (0.203) | (0.383) | (0.043) | (0.293) | |
| Creditor rights | 0.122 | 0.132 | –0.066 | –0.029 | –0.135 | 0.009 | 0.152 | 0.287** | 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.
represents the significance at 1 % level,
represents the significance at 5 % level and
represents the significance at 10 % level.
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Articles in the same Issue
- The Economics of Scams
- Why Agents Need Discretion: The Business Judgment Rule as Optimal Standard of Care
- Voting Rules in Bankruptcy Law
- A Note on Trial Delay and Social Welfare: The Impact of Multiple Equilibria
- Malice Aforethought
- Weak Law v. Strong Ties: An Empirical Study of Business Investment, Law and Political Connections in China
- Estimating Judicial Ideal Points in Latin America: The Case of Argentina