This paper suggests a framework to analyze the efficiency properties o
f bankruptcy procedures, distinguishing between ex-ante and ex-post ef
ficiency. Ex-post efficiency consists in maximizing the ex-post value
of the insolvent firm, whereas ex-ante efficiency consists in maximizi
ng the proceeds to creditors from the reorganization of the firm and p
roviding incentives for the creditors to monitor the firm, We show tha
t the definition of creditors' ownership rights over the company and t
he protection of the creditors' seniority, are crucial to asses the ex
-ante efficiency of a bankruptcy procedure. (C) 1997 Elsevier Science
B.V.