We have shown that the me-first rule gives parties socially inefficient incentives
when the possibility of default on bond obligations is introduced.
However, the conditions in (5) are actually sufficient rather than necessary.
The necessary condition for efficiency can be referred to as the indifference
property: it requires that bondholders be indifferent to the liquidation-continuance
decision. Thus, if bondholders receive with certainty the same payment,
K, regardless of the firm's fate, and if S = rD, then (6) becomes P - K - L - Kg
the socially efficient decision criterion. But the law requires full payment to
bondholders under continuance. Therefore, the only indifference point compatible
with the law is that given in (6) of the text.