Hedge Funds and Chapter 11
58 Pages Posted: 29 Oct 2009 Last revised: 20 Oct 2011
Date Written: April 19, 2011
This paper studies the presence of hedge funds in the Chapter 11 process and their effects on bankruptcy outcomes. Hedge funds strategically choose positions in the capital structure where their actions could have a bigger impact on value. Their presence, especially as unsecured creditors, helps balance power between the debtor and secured creditors. Their effect on the debtor manifests in higher probabilities of the latter’s loss of exclusive rights to file reorganization plans, CEO turnover, and adoptions of KERP, while their effect on secured creditors manifests in higher probabilities of emergence and payoffs to junior claims.
Keywords: Hedge funds, Chapter 11, Loan-to-own, APR deviation, Creditor rights
JEL Classification: G23, G30, G33
Suggested Citation: Suggested Citation