Are Bankruptcy Professional Fees Excessively High?
Abstract Chapter 7 is the most popular bankruptcy system for U.S. firms and individuals. Chapter 7 professional fees are substantial. Theoretically, high fees might be an unavoidable cost of incentivizing professionals. I test this empirically. I study trustees, the most important professionals in chapter 7, who liquidate assets in exchange for legally mandated commissions. Exploiting kinks in the commission function, I estimate a structural model of moral hazard by trustees. I show that a policy change lowering trustee fees would harm trustee incentives, reducing liquidation values. Nonetheless, such a policy would dramatically improve creditor recovery, increasing small-business-lender recovery by 15.7%.
Authors
- Samuel Antill
Publication Details
- Journal
- Review of Financial Studies
- Published
- 2024-09-13
- DOI
- https://doi.org/10.1093/rfs/hhae057
- Citations
- 8
- Primary Topic
- Corporate Insolvency and Governance
- Type
- article
- Field-Weighted Citation Impact
- 5.68
Funders
- National Science Foundation