Abstract
In this paper we characterize an optimal bankruptcy law that takes into consideration the incentives of managers to invest in firm-specific human capital. We show that the optimal bankruptcy law is biased towards the management team, and may be implemented by the use of a ‘restricted auction’ mechanism, in which creditors have the right to refuse bankruptcy, but are not allowed to bid for the firm. The bankruptcy law is needed as a commitment device to implement the optimal outcome.
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