Getting to yes: the role of coercion in debt renegotiations

Abstract This article develops a comprehensive account of the methods of consent solicitation broadly construed. We offer four principal contributions. First, we identify the features of a solicitation that can produce coercive intercreditor dynamics. Second, we document the possibility of coercive methods under standard bond and loan contracts. Third, we show that economic considerations can justify coercion. Fourth, we conclude that the most coercive prevailing techniques cannot be so easily justified and propose an approach to construing debt contracts that would restrain what are likely the most value-destructive solicitation methods without condemning longstanding and plausibly value-enhancing techniques.

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Publication Details

Journal
The Journal of Legal Analysis
Published
2025-01-01
DOI
https://doi.org/10.1093/jla/laaf009
Primary Topic
Banking stability, regulation, efficiency
Type
article
Field-Weighted Citation Impact
0.00

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article

Getting to yes: the role of coercion in debt renegotiations

Vincent S.J. Buccola, Marcel Kahan
The Journal of Legal Analysis
Banking stability, regulation, efficiency
article

Getting to yes: the role of coercion in debt renegotiations

Vincent S.J. Buccola, Marcel Kahan
article en

Abstract

Abstract This article develops a comprehensive account of the methods of consent solicitation broadly construed. We offer four principal contributions. First, we identify the features of a solicitation that can produce coercive intercreditor dynamics. Second, we document the possibility of coercive methods under standard bond and loan contracts. Third, we show that economic considerations can justify coercion. Fourth, we conclude that the most coercive prevailing techniques cannot be so easily justified and propose an approach to construing debt contracts that would restrain what are likely the most value-destructive solicitation methods without condemning longstanding and plausibly value-enhancing techniques.

The Journal of Legal AnalysisVol. 17(1)
New York Law School (US), Chicago Kent College of Law (US), University of Chicago (US)
Yale University
Openalex Percentile: Top 66%
Banking stability, regulation, efficiency
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Getting to yes: the role of coercion in debt renegotiations — Vincent S.J. Buccola, Marcel Kahan · The Journal of Legal Analysis (2025) | TGRS Research Map | TGRS