Different types of bankruptcy restructuring procedures are used in most legal systems to decide the fate of businesses facing financial hardship. We study how bargaining failures in an under-researched type of restructuring procedure, a formal out-of-the court procedure impacts the economic performance of participating firms. Croatia introduced a “pre-bankruptcy settlement” (PBS) process in the wake of the Great Recession of 2007–2009. A novel dataset provides us with annual financial statements for both sides of more than 180,000 debtor–creditor pairs, enabling us to address selection into failed negotiations by matching a rich set of creditor and debtor characteristics. Failures to settle at the PBS stage due to idiosyncratic bargaining problems, which effectively delay entry into the standard bankruptcy procedure, lead to a lower rate of survival among debtors as well as reduced employment, revenue, and profits. We are the first study to track how bargaining failures diffuse through the network of creditors, finding a significant negative effect on small creditors, but not others. Our results highlight the impact of delay and the importance of structuring bankruptcy procedures, to rapidly resolve uncertainty about firms’ future prospects.

The economy is a complex system because market participants do not act independently but adjust their behavior to other agents and to the outcome which emerges from their joint actions (Arthur, 2014). Dependencies among participants can impede policy makers capabilities to influence or steer the course of the economy. Kambhu et al. (2007) argue that to influence developments in financial markets, for instance to prevent crises from spreading, there are only “coarse or indirect options” available for policy makers. Similar to crises which propagate through a complex system, interventions might result in unintended side effects which can also disseminate through the system. Thus, in a complex system, unintended consequences of policy efforts may well be the rule. Policy makers try to ward off or mitigate negative consequences for the economy and society during periods of crisis. For instance, during the Covid crisis large scale support programs for firms in Western economies were set up to avoid bankruptcies. Similarly, during the sovereign debt crisis in the Eurozone, the European Central Bank (ECB) set up large scale asset purchase programs as well as additionally longer-term refinancing operations (LTRO) which provided immediate support to financial market participants’ liquidity positions and thereby prevented a melt-down of the financial system. During these periods, immediate and abundant liquidity supply is of utmost importance. Meanwhile, crisis measures, due to their massive scale and non-specific target group, may entail unknown or unintended side effects for instance on competition among market participants, firms’ investment behavior, or changes in lending strategies and risk taking behavior of banks. Likewise, new regulatory frameworks such as the introduction of new markets can have consequences previously not thought of. For policy makers it is important to know direct effects of policy interventions but also to be aware of the possibility and impact of indirect or unexpected side effects in order to evaluate measures taken and to learn for future design of regulation or intervention.

Bankruptcy restructuring procedures are used in most legal systems to decide the fate of businesses facing financial hardship. We study how bargaining failures in such procedures impact the economic performance of participating firms in the context of Croatia, which introduced a „pre-bankruptcy settlement“ (PBS) process in the wake of the Great Recession of 2007 - 2009. Local institutions left over from the communist era provide annual financial statements for both sides of more than 180,000 debtor-creditor pairs, enabling us to address selection into failed negotiations by matching a rich set of creditor and debtor characteristics. Failures to settle at the PBS stage due to idiosyncratic bargaining problems, which effectively delays entry into the standard bankruptcy procedure, leads to a lower rate of survival among debtors as well as reduced employment, revenue, and profits. We also track how bargaining failures diffuse through the network of creditors, finding a significant negative effect on small creditors, but not others. Our results highlight the impact of delay and the importance of structuring bankruptcy procedures to rapidly resolve uncertainty about firms‘ future prospects.