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Bankruptcy Law and Entrepreneurship Development: A Real Options Perspective

Seung-Hyun Lee, Mike W. Peng, Jay B. Barney

Academy of Management Review · 2007 · Volume 32 · Issue 1

DOI: 10.5465/amr.2007.23464070

Abstract

We develop a real options perspective to explore how an entrepreneur-friendly bankruptcy law can encourage entrepreneurship development at the societal level. If bankrupt entrepreneurs are excessively punished for failure, they may let inherently high-risk but potentially high-return opportunities pass. We suggest that a more entrepreneur-friendly bankruptcy law, informed by a real options logic, can encourage more active and vibrant entrepreneurship development. We also discuss the implications of the role of venture capital and stigma in the effectiveness of an entrepreneur-friendly bankruptcy law.

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