Judicial communication while approving a settlement agreement in bankruptcy case

Abstract

The article analyzes the court role while approving a settlement agreement in a bankruptcy case. The implementation of the active component of this role makes the court a subject of proof and а subject of communication in the case. Recently, both the legislator and the law enforcer are inclined to limit the adversarial and dispositive principles in favor of the active role of the court in civil litigation. This trend is most pronounced in bankruptcy proceedings. Particular attention to bancruptcy cases dealt to their social significance, due to the multiplicity of diverse interests, that take place in bankruptcy procedure.

The article discusses the controversial judicial practice that exists in the modern legal field. Author concludes that the settlement agreement in the bankruptcy case cannot be limited either strictly by the concept of “settlement agreement” or — “bankruptcy procedure”.