Is a civil union recognized in bankruptcy court?
Yes, civil unions are recognized in bankruptcy court in Washington. The Federal Bankruptcy Code states that any legal relationship between two parties formed under state law, including civil unions, are treated in the same manner as a marriage when filing for bankruptcy. This means that when filing for bankruptcy in Washington, all debts incurred by either party in a civil union must be included in the filing regardless of which party actually incurred the debt. In the event of a dispute over a debt, the bankruptcy court will look to the state civil union laws to determine which party is legally responsible for the debt. If a party that is not obligated under the civil union laws is listed as liable for the debt, the debt may be discharged in bankruptcy. The Bankruptcy Code also contains provisions to protect the interests of a civil union partner. For example, if one partner in a civil union files for bankruptcy, the non-filing partner can petition the court to have the joint debts discharged and to protect separate assets from being liquidated. It is important to note that civil unions are not recognized in all states. Therefore, if a party in a civil union moves from a state that recognizes the civil union to one that does not, the protections under the Federal Bankruptcy Code may not be available to them. It is important to be aware of the local civil union laws when filing for bankruptcy.
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