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Serial Entrepreneurs and Small Business Bankruptcies
Douglas G. Baird University of Chicago Law School Edward R. Morrison Columbia University - Law School January 4, 2005 U Chicago Law & Economics, Olin Working Paper No. 236; Columbia Law and Economics Working Paper No. 265 Abstract: This empirical study suggests that, far from ensuring assets are put to their best use, Chapter 11 encourages small-business entrepreneurs to remain too long with failed businesses before trying to start (or work for) new ones. Small entrepreneurs open and close a number of businesses over the course of their careers as they search for the business (or employer) that offers the best match with their skills. Chapter 11 delays this matching process and, over this dimension, differs little from rent control and other government policies that encourage socially wasteful lock-in of scarce resources. These costs may not be large, as bankruptcy judges are aware of and guard against them. At the same time, however, few benefits offset these costs. The typical Chapter 11 is a small business that has few, if any, specialized assets. It is organized around the owner-operator's human capital and can be (and usually is) reassembled by the owner at low cost. Other than delay, the outcome of a Chapter 11 case - reorganization or liquidation - has little bearing on a small entrepreneur's career.
Keywords: Small Business Bankruptcy, Chapter 11, Entrepreneurship, Asset Specificity, Job Search JEL Classifications: G33, G30, J23, J60, K20, K30, M13 Working Paper SeriesDate posted: February 03, 2005 ; Last revised: September 23, 2008Suggested Citation |
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