Towards a New Solution Mechanism for Corporate Bankruptcy

A firm may resort to leverage in its capital structure for a variety of reasons; to capture the benefits of the tax shield of debt, to signal to the market that it sees a bright future for itself, or as a commitment device to reduce financial slack. Unforeseen circumstances, however, may force the firm into a situation where it is unable to pay its debts. If the environment is such that the firm has a single creditor, emerging from a situation like this may not pose too much of a problem. However, problems are likely to arise if there are multiple creditors. A resource-wasting race is likely to ensue as the creditors try to “be first” to seize the firm’s assets (in the case of a secured loan) or to obtain a judgement against the firm (in the case of an unsecured loan). This race may lead to a dismantling of the firm’s assets, which may mean a loss in value if the firm is worth more as an entity than it is as a collection of pieces.