Bankrupt business firms distribute property to low-priority investors even though the firms do not fully repay high-priority investors.That bankruptcy in this way alterscontractuaI priorlties effectively reallocates among investors the risk of business insolvency. Commenlators have roundly criticized such reallocation as an impediment to efficient business practice. Recently, however,a "risk-sharing defense of bankruptcy reallocation has appeared in both the law4 and finance liferature. Risk-sharing theorists argue that all investors in a business debtor- equity investors and creditors alike-would choose to share the risk of loss from the debtor's insolvency. These theorists surmise that investors cannot agree to share such risk, because a risk-sharing agreement is prohibitively expensive to nepotiate. Therefore, the theorists cooclude,bankruptcy reaiiocation furnishes a mutually beneficial hypothetical bargain to which investors would expressly agree but for transaction difficulties.