Business Lawyer, Vol. 62, No. 3, 983-1006 (2007).
24 Pages Posted: 19 Sep 2006 Last revised: 25 Mar 2021
Date Written: 2007
I explain the basic economic function of solvency tests and the relations among the three solvency tests applied in bankruptcy and corporate law. I also explain why solvency diagnoses can differ, depending on the test that is applied. While one of these tests - the ability to pay test - is probably best, it may suffer from significant measurement error in practice. Multiple solvency tests make sense because the costs of failing to detect insolvency when it exists exceed the costs of detecting insolvency when it does not exist.
Keywords: Insolvency, Bankruptcy, Fiduciary Duties, Creditors, Valuation
JEL Classification: G30, G33, K22
Suggested Citation: Suggested Citation