moral hazard revisited

Alex Tabarrok draws attention to a paper by Richard Squire in the Harvard Law Review:

If liability on a firm's contingent debt is especially likely to be triggered when the firm is insolvent, the contract that creates the debt transfers wealth from the firm's creditors to its shareholders. A firm therefore has incentive to engage in correlation-seeking — that is, to incur contingent debts that correlate, or that through asset purchases can be made to correlate, with the firm's insolvency...