This survey paper examines existing theories of capital structure and related empirical tests with the aim to derive theoretical as well empirically testable predictions about the implications of the soft budget constraint for corporate capital structure. We show that the soft budget constraint...

The corporation's core objective is to further the interests of shareholders. But one judicially crafted exception has long existed. In many jurisdictions around the world, financial distress mandates a shift to a duty to creditors. In May 2007, the Delaware Supreme Court announced a modern law...

The interrelationships between upstream supplier firms and downstream customer firms—popularly referred to as “supply-chain” relationships—constitute one of the most important linkages in the economy. Many facets of these linkages are explored. Suppliers not only provide production...

The adequacy of creditor protection is an on-going issue in corporate law. The traditional vulnerability of creditors can be traced to an entity theory of the corporation, coupled with limited liability. Creditor vulnerability is exacerbated by the existence of the corporate group, which has...

This paper examines how legal, institutional, and social frameworks impact bank financing of firms. It builds on theory about law and finance and about finance and growth, drawing on financial economics, law, and political science. The paper uses qualitative data from field studies in Peru and...

Acceleration clauses are found in most debt instruments. Upon the occurrence of predetermined triggering event, acceleration makes a creditor's future claim due and payable. While debt covenants have been analyzed extensively in the academic literature, the role of acceleration has been...

Core institutions of UK corporate governance, in particular those relating to takeovers, board structure and directors' duties, are strongly orientated towards a norm of shareholder primacy. Beyond the core, in particular at the intersection of insolvency and employment law, stakeholder...

In this paper we theorize how bondholders and shareholders negotiate debt covenants after a firm has already filed for bankruptcy. This event triggers unique turmoil in the transfer of control rights between shareholders and creditors, and it further opens a window of opportunity for...