Working Paper
This study presents brief summaries and comparisons of the reorganisation opportunities within current bankruptcy codes in the U.S., the U.K., France and Germany. The author also discusses the main implications for firms facing financial distress according to the provisions available. The focus is on the usefulness of the applicable legal framework in ameliorating the difficulties facing a distressed debtor; mainly, asymmetries of information, conflicts of interest, distorted incentives, and ability to obtain financing to remain in business. In spite of some efforts to remedy the situation, continental European nations continue to provide mixed opportunities and provisions for resolving the problems facing a viable, liquidity constrained firm. The author presents some very coarse summary data, which support his insights. In the conclusion the author discusses very briefly some of the different philosophies and policies behind the different codes, and how these views impact the nature of the codes and the availability of reorganisation in the different countries.
