The debtor's situation in the forced execution procedure is influenced by its going into the insolvency procedure, first of all due to the immediate consequences proposed upon opening the procedure, namely the suspension of the forced execution, together with the exceptions set forth by law,...

In Hall v. U.S., 132 S. Ct. 1882 (2012), the Supreme Court ruled that federal income tax liabilities due to individual debtors' sales of farm assets during the pendency of a Chapter 12 bankruptcy reorganization are not subject to collection or discharge in the debtors' plan. The Court opined...

This discussion by Franklin Allen was published as an appendix to Jean Tirole's paper "Illiquidity and all its Friends" when the paper was originally published as FEEM Nota di Lavoro 78.2010, prior to its publication in the Journal of Economic Literature in 2011, where the appendix no longer...

We specify a new model of homeowner mortgage default. In our model, homeowners do not know the current price of their home until they sell; rather, they maintain an unbiased guess of the price and optimally update this guess as new information, such as the sale price of similar homes, is...

We study the effect of weakening creditor rights on distress risk premia via a bankruptcy reform that shifts bargaining power in financial distress toward shareholders. We find that the reform reduces risk factor loadings and returns of distressed stocks. The effect is stronger for firms with...

We build a structural model of Chapter 13 bankruptcy that captures salient features of personal bankruptcy under Chapter 13. We estimate our model using a novel data set we construct from bankruptcy court dockets recorded in Delaware between 2001 and 2002. Our estimation results highlight the...

It is part of the received wisdom in bankruptcy jurisprudence that the Fifth Amendment Takings Clause independently limits the exercise of the bankruptcy power under the Bankruptcy Clause. In particular, secured creditors in bankruptcy are assumed to enjoy a constitutional right to receive the...