Working Paper No. 1477

Should Insolvency Law Cover Non-Financial Obligations? Contract Rejection and Debt Capacity

Working Paper
Reference
Becker, Bo, Jens Josephson and Hongyi Xu (2023). “Should Insolvency Law Cover Non-Financial Obligations? Contract Rejection and Debt Capacity”. IFN Working Paper No. 1477. Stockholm: Research Institute of Industrial Economics (IFN).

Authors
Bo Becker, Jens Josephson, Hongyi Xu

Non-financial obligations created by long-term contracts, such as leases, are often large, exceeding financial debts in a quarter of U.S. firms. Their treatment in insolvency varies: Chapter 11 allows firms to freely reject or assume contracts, but many other restructuring regimes do not allow rejection. We model regimes with and without the rejection option. This option prevents excessive liquidation of insolvent firms and increases firms' debt capacity. Using novel measures of executory contracts by industry, and three difference-in-difference settings, we confirm that leverage and loan flow increase when the rejection option is available.