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    Bankruptcy Section 363 Sales: Choices and Consequences

    We contrast bankruptcy Section 363 Sales with the traditional path of Chapter 11 reorganization and find that among financial institutions, higher measures of creditors' coordination problems favor the Chapter 11 path, while greater profitability, available cash, asymmetric information between shareholders and creditors, and potential growth rate support the choice of 363 Sales. Among the non-financial firms, higher measures of creditors' coordination problem and available cash favor the course of Chapter 11, while greater profitability, liquidity, and asymmetric information support the path of 363 Sales. We further detect that bankruptcy Section 363 Sales exhibits lower direct fees, and it lasts significantly less time than formal Chapter 11 before the final emergence.

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    Does Institutional Ownership Promote the Transformation of Underperforming Firms?

    We focus on firms that chronically underperform and evaluate ways that institutional investors can facilitate asset redeployment. Increases in institutional holdings are associated with subsequent acquisition and decreases are associated with subsequent failure. For surviving underperformers, holdings and changes are associated with improved performance, but long-run abnormal returns remain negative and Q remains low. This association between holdings and performance is not causal. Rather, it is explained by “flight to quality” combined with persistence of financial performance, including persistence of abnormal returns for underperformers. The evidence casts doubt on interpretations in previous findings of positive relationships between holdings and performance.