Journal of Applied Corporate Finance, Forthcoming
17 Pages Posted: 10 Oct 2012 Last revised: 8 Nov 2012
Date Written: September 26, 2012
Over the last decade, the availability of credit default swaps (CDS) has dramatically transformed the markets for credit insurance by providing participants efficient avenues through which to share credit risks. These risk-sharing benefits notwithstanding, the growth of credit default swaps (CDS), contracts that allow creditors to hedge their default exposure to the debtor or to make leveraged bets on a particular firm’s creditworthiness, threatens to complicate the resolution of distress by separating economic and legal ownership interests in a way that existing reorganization structures have yet to adapt to.
In this article we discuss the issues that arise with CDS in the context of distress resolution and consider the possible ways in which they may be addressed. Using reorganization under chapter 11 bankruptcy to demarcate our discussion into a set of pre-bankruptcy and post-bankruptcy issues, we review the legal and finance thinking on this issue, supplementing it with the relatively modest empirical evidence available to date.
Keywords: CDS, financial distress, derivatives, swaps, empty creditor, ISDA, chapter 11, restructuring
JEL Classification: K20, K23, G34, G32, G33
Suggested Citation: Suggested Citation
Lubben, Stephen J. and Narayanan, Rajesh P., CDS and the Resolution of Financial Distress (September 26, 2012). Journal of Applied Corporate Finance, Forthcoming; Seton Hall Public Law Research Paper No. 2012-12. Available at SSRN: https://ssrn.com/abstract=2152643