Consumer Bankruptcy: A Fresh Start

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Consumer Bankruptcy: A Fresh Start Igor Livshits, James MacGee, Michèle Tertilt (2007) presented by Nawid Siassi January 23, 2013 January 23, 2013 1 / 15

Motivation United States vs. Europe: very different consumer bankruptcy rules

Motivation United States vs. Europe: very different consumer bankruptcy rules Fresh Start system (United States): Chapter 7 of U.S. bankruptcy code allows debtors to completely discharge their liabilities

Motivation United States vs. Europe: very different consumer bankruptcy rules Fresh Start system (United States): Chapter 7 of U.S. bankruptcy code allows debtors to completely discharge their liabilities No Fresh Start system (continental Europe): life-long liability, bankruptcy effectively restructures debt payments, partial garnishment of earnings

Motivation United States vs. Europe: very different consumer bankruptcy rules Fresh Start system (United States): Chapter 7 of U.S. bankruptcy code allows debtors to completely discharge their liabilities No Fresh Start system (continental Europe): life-long liability, bankruptcy effectively restructures debt payments, partial garnishment of earnings Aim: Quantitatively analyze these two bankruptcy arrangements!

Two opposing forces. The possibility of filing for bankruptcy... 1 limits agents ability to commit to future debt repayment tighter borrowing limits make it harder to smooth consumption over time!

Two opposing forces. The possibility of filing for bankruptcy... 1 limits agents ability to commit to future debt repayment tighter borrowing limits make it harder to smooth consumption over time! 2 introduces a contingency in case of bad luck (divorce, job loss, medical problems) easier to smooth consumption across states!

Two opposing forces. The possibility of filing for bankruptcy... 1 limits agents ability to commit to future debt repayment tighter borrowing limits make it harder to smooth consumption over time! 2 introduces a contingency in case of bad luck (divorce, job loss, medical problems) easier to smooth consumption across states! This paper: Evaluate this trade-off using an incomplete-markets life-cycle model with income and expense shocks. Calibrate to U.S. economy and Fresh Start system. Assess counterfactual.

The OLG Model households maximize J β j 1 u(c j /n j ) j=1 where c j is total consumption and n j is the household size at age j in equivalence scale units (deterministic)

The OLG Model households maximize J β j 1 u(c j /n j ) j=1 where c j is total consumption and n j is the household size at age j in equivalence scale units (deterministic) labor income of household i is given by y i j = a i j ē j a i j = z i j η i j where ē j is the age-dependent deterministic component, z i j and η i j is a transitory shock is a persistent shock

i.i.d. expense shock (directly changes net asset position): κ 0, κ K where K is a finite set; probability of κ i is denoted by π i risk-free savings interest rate r s

i.i.d. expense shock (directly changes net asset position): κ 0, κ K where K is a finite set; probability of κ i is denoted by π i risk-free savings interest rate r s loans are one-period uncontingent bond contracts; bond market competitive; intermediaries observe loan size, earnings and age denote: loan size d and bond price q b (d, z, j)

Bankruptcy Costs of declaring bankruptcy: 1 temporary exclusion from credit markets no borrowing/saving 2 partial garnishment of income consider linear garnishment: Γ = γy

Bankruptcy Costs of declaring bankruptcy: 1 temporary exclusion from credit markets no borrowing/saving 2 partial garnishment of income consider linear garnishment: Γ = γy Two bankruptcy systems: 1 Fresh Start (FS): full discharge of all debt, no seizure of future income, waiting period of 6 years

Bankruptcy Costs of declaring bankruptcy: 1 temporary exclusion from credit markets no borrowing/saving 2 partial garnishment of income consider linear garnishment: Γ = γy Two bankruptcy systems: 1 Fresh Start (FS): full discharge of all debt, no seizure of future income, waiting period of 6 years 2 No Fresh Start (NFS): life-long liability for debt, no discharge of debt possible, outstanding debt is rolled over at specified interest rate r (lower than market rate), linear garnishment of income

Consumer Problem: Fresh Start system [ ] V j (d, z, η, κ) = max u(c/n j ) + βe max{v j+1 (d, z, η, κ ), V j+1 (z, η )} c,d s.t. c + d + κ ē j zη + q b (d, z, j)d V : value of repaying debt; V : value of declaring bankruptcy; W : value of not repaying expense shock in period following bankruptcy

Consumer Problem: Fresh Start system [ ] V j (d, z, η, κ) = max u(c/n j ) + βe max{v j+1 (d, z, η, κ ), V j+1 (z, η )} c,d s.t. c + d + κ ē j zη + q b (d, z, j)d V j (z, η) =u(c/n j ) + βe max{v j+1 (0, z, η, κ ), W j+1 (z, η, κ)} s.t. c = (1 γ)ē j zη V : value of repaying debt; V : value of declaring bankruptcy; W : value of not repaying expense shock in period following bankruptcy

Consumer Problem: Fresh Start system [ ] V j (d, z, η, κ) = max u(c/n j ) + βe max{v j+1 (d, z, η, κ ), V j+1 (z, η )} c,d s.t. c + d + κ ē j zη + q b (d, z, j)d V j (z, η) =u(c/n j ) + βe max{v j+1 (0, z, η, κ ), W j+1 (z, η, κ)} s.t. c = (1 γ)ē j zη W j (z, η, κ) =u(c/n j ) + βe max{v j+1 (d, z, η, κ ), V j+1 (z, η )} s.t. c = (1 γ)ē j zη, d = (κ γē j zη)(1 + r) V : value of repaying debt; V : value of declaring bankruptcy; W : value of not repaying expense shock in period following bankruptcy

Consumer Problem: No Fresh Start system [ ] Vj NFS (d, z, η, κ) = max u(c/n j ) + βev NFS c,d j+1 (d, z, η, κ),i s.t. c + d + κ ē j zη + q b (d, z, j)d if I = 0 c = (1 γ)ē j zη if I = 1 d = max{d + κ γē j zη, 0}(1 + r) if I = 1 where I j (d + κ, z, η) denotes the decison to declare bankruptcy

Bond Prices // Calibration competitive market for financial intermediaries zero expected profits on each loan! bond price determined by default probability

Bond Prices // Calibration competitive market for financial intermediaries zero expected profits on each loan! bond price determined by default probability period length 3 years, age 20 onwards, retirement at age 65 income process: estimates from the literature

Bond Prices // Calibration competitive market for financial intermediaries zero expected profits on each loan! bond price determined by default probability period length 3 years, age 20 onwards, retirement at age 65 income process: estimates from the literature no uncertainty during retirement: version of Social Security γ = 0.355 to match debt-to-income ratio; rollover rate r = 0.20

Expense Shocks main cause to file for bankruptcy: 67.5% job loss, 22.1% family issues (e.g. divorce), 19.3% medical expenses (multiple responses permitted) assume that κ {κ 1, κ 2 }; calibrate using data on out-of-pocket medical bills, divorces, unplanned pregnancies Table 1. Expense Shocks Shock Magnitude Fraction of avg income Probability κ 1 $32,918 0.26 7.10% κ 2 $102,462 0.82 0.46%

Benchmark Results Table 2. Benchmark Model versus Data Results Rule Debt/Earnings Defaults Avg r b Benchmark FS 8.4% 0.71% 11.6% US data, avg. 1995-1999 FS 8.4% 0.84% 11.2-12.8

Benchmark Results Table 2. Benchmark Model versus Data Results Rule Debt/Earnings Defaults Avg r b Benchmark FS 8.4% 0.71% 11.6% US data, avg. 1995-1999 FS 8.4% 0.84% 11.2-12.8

Benchmark Results

Benchmark Results

Fresh Start vs. No Fresh Start Table 4. Benchmark FS versus NFS Results Rule Debt/Earnings Defaults Welfare (ECV) Benchmark FS 8.4% 0.71% + 0.06% NFS 14.8% 0.53%

Fresh Start vs. No Fresh Start Table 4. Benchmark FS versus NFS Results Rule Debt/Earnings Defaults Welfare (ECV) Benchmark FS 8.4% 0.71% + 0.06% NFS 14.8% 0.53%

Importance of Uncertainty evaluation of bankruptcy regimes sensitive to nature and magnitude of idiosyncratic uncertainty NFS better if expense shocks are proportional to persistent earnings