Double-edged sword: Does strong creditor protection in the bankruptcy process affect firm productivity

Abstract

Using data from Chinese A-share listed firms from 2015 to 2022, a difference-in-differences model is employed to empirically examine the impact of bankruptcy regimes, marked by the establishment of the bankruptcy court, on firms' total factor productivity (TFP). The results show a significant decline in TFP among firms in regions following the establishment of the bankruptcy court. This result remains valid after a series of robustness tests. Mechanism tests reveal that bankruptcy court heightens firms' risk aversion by endowing excessive rights to creditors. Consequently, firms tend to downwardly adjust capital structure, curtail innovation investment, and accumulate liquid assets as coping measures, ultimately contributing to a decline in TFP. However, well-developed market mechanisms can alleviate the negative impact of bankruptcy court excessively protecting creditors. Specifically, when firms are located in regions with weak government intervention and strong financial development, as well as in market environments with low uncertainty and strong competition, this negative impact can be mitigated. Moreover, we find that under bankruptcy court operations, while a series of risk reduction measures taken by firms triggers a decline in TFP, it mitigates financial distress. These findings provide fresh insights into the dual nature of creditor protection and offer valuable references for governments to improve the bankruptcy legal system.