Abstract

We study how entrepreneurs’ attitudes toward risk, as measured by their personal legal infractions, are related to information asymmetry and agency problems prior to bankruptcy, using a sample of 260 small Swedish firms. We find that auditor resignations are more likely in firms where entrepreneurs have legal infractions. Furthermore, we find that legal infractions are negatively related to the likelihood of a firm disclosing its annual report and the quality of the bookkeeping, suggesting that information asymmetry problems are more severe when the entrepreneurs have legal infractions. We also find that creditors’ recovery rates in bankruptcy are lower if the entrepreneurs have legal infractions related to serious traffic offences, such as driving under the influence of alcohol or without a license.

Highlights

  • We examine how entrepreneurs’ prior legal infractions are related to information asymmetry and moral hazard problems prior to bankruptcy

  • We examine whether legal infractions are associated with decisions that magnify information asymmetry problems between the firm and creditors and whether they are associated with the magnitude of moral hazard problems prior to bankruptcy

  • Given that acts that are harmful to creditors and a delayed bankruptcy filing, reduce creditors’ recovery rates in bankruptcy, we propose the following hypothesis: H3

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Summary

Introduction

We examine how entrepreneurs’ prior legal infractions are related to information asymmetry and moral hazard problems prior to bankruptcy. Prior literature suggests that moral hazard problems in financially distressed firms arise when managers/owners take large dividends, invest in risky projects, or delay liquidation of economically unviable firms (e.g., Black and Scholes, 1973; Jensen and Meckling, 1976) Such actions may result in no or few assets left as the firm eventually files for bankruptcy. While the results correspond with the general view that information asymmetry and moral hazard problems influence bankruptcy (Dufrene, 1993; Mooradian, 1994; White, 1994; Dou et al, 2020), we are not aware of any prior study relating the entrepreneurs’ prior legal infractions to the severity of the problems in SMEs. The result can be important for lenders and suppliers.

Institutional setting
Bankruptcy literature
Managerial characteristics and financial reporting
Why do people engage in criminal actions?
Characteristics of individuals with legal infractions
Hypotheses
The effects of legal infractions on indirect bankruptcy costs
Do the predicted associations depend on the type of legal infraction?
Legal infractions of the entrepreneurs
Empirical models
Descriptive statistics
Legal infractions and financial reporting quality
Legal infractions and auditor resignations
Legal infractions and creditors’ recovery rates
Legal infractions and actions detrimental for creditors
Legal infractions and direct bankruptcy costs
Conclusions
Full Text
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