Control Rights, Debt Structure, and the Loss of Private Benefits: The Case of the U.K. Insolvency Code.

A-Tier
Journal: The Review of Financial Studies
Year: 1996
Volume: 9
Issue: 4
Pages: 1165-1210

Authors (2)

Franks, Julian R (not in RePEc) Nyborg, Kjell G (Universität Zürich)

Score contribution per author:

2.011 = (α=2.01 / 2 authors) × 2.0x A-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

We show how the efficiency of reorganization is affected by the distribution of control rights under the U.K. insolvency code. Control rights raise particular problems when creditors have different incentives to keep the firm as a going concern. Such differences may arise from the possession of private benefits by particular creditors which are lost if the debtor firm is liquidated. The incidence of inefficient liquidations is influenced by the size and seniority of creditors' claims. The current U.K. code is widely thought to give rise to inefficient liquidations. We show, however, that inefficiency depends upon the debt structure and whether the controlling creditor in formal bankruptcy has private benefits. Article published by Oxford University Press on behalf of the Society for Financial Studies in its journal, The Review of Financial Studies.

Technical Details

RePEc Handle
repec:oup:rfinst:v:9:y:1996:i:4:p:1165-1210
Journal Field
Finance
Author Count
2
Added to Database
2026-01-26