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

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

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article

Are Bankruptcy Professional Fees Excessively High?

Samuel Antill
8 citations
Review of Financial Studies
Corporate Insolvency and Governance
5.68
article

Are Bankruptcy Professional Fees Excessively High?

Samuel Antill
article en
8 citations

Abstract

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%.

Review of Financial StudiesVol. 37(12)
National Science Foundation
Openalex Percentile: Top 4%
Corporate Insolvency and Governance
5.68
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