In this Seminar, Professor Kenneth Ayotte will present his recent paper on Bankruptcy’s Trilemma: A Unifying Framework that he has worked on together with Jason Donaldson and Giorgia Piacentino. In their paper, they propose a unified framework to explain the key problems underlying corporate bankruptcy law. Creditor rights take two primary forms: the right to take assets from the debtor and the right to block asset transfers from the debtor to third parties. Taking and blocking rights control agency problems, such as value-diverting transfers by management. But in financial distress, one creditor’s rights can impose costs on the others. Multiple taking rights create the well-known commons problem: creditors can race to the debtor to collect, causing a valuable firm to be liquidated. Bankruptcy law can stay the creditor race, but a stay creates one of two alternative problems. Replacing taking rights with blocking rights creates an anticommons problem of holdout and costly delay. Holdout problems can be mitigated by removing blocking rights for some creditors. But creditors who can neither take nor block are vulnerable to the very agency problems their contracts try to prevent. Donaldson and Piacentino call these three problems – commons, anticommons, and agency – bankruptcy’s trilemma: the law cannot solve all three at once. They show how most of bankruptcy law’s features target at least one of the three problems. U.S. law’s back-and-forth evolution over time reveals the inevitable tension between them.
Datum:
woensdag 16 oktober 2024
Tijd:
van 13:00 tot 14:15 uur
Locatie:
Universiteit van Amsterdam, zaal M1.01, Amsterdam en online