Are civil unions recognized in bankruptcy proceedings?
No, civil unions are not recognized in bankruptcy proceedings in Oklahoma. Bankruptcy is a legal procedure designed to help individuals and companies restructure their debts in order to protect them from creditors. There are two types of bankruptcies: Chapter 7 and Chapter 13. In order for a debtor to be eligible for bankruptcy protection, the marriage must be legally recognized under federal and/or state law. Since civil unions in Oklahoma are not legally recognized, it follows that they would not be recognized in a bankruptcy proceeding either. Any married couple that wishes to file for bankruptcy protection in Oklahoma must be able to demonstrate the validity of their marriage in order to receive the benefits of filing for bankruptcy protection. Even if the civil union is recognized in another state, the couple in question must prove the legality of their union in order to receive the benefits. In 2011, the Supreme Court of Oklahoma ruled that civil unions entered into in other states will not be recognized in Oklahoma. This decision applies to civil unions in other states as well as those within the Oklahoma borders. Civil unions may be recognized in some other bankruptcies, such as the federal Bankruptcy Code. However, since Oklahoma has declined to recognize civil unions as legally valid, civil unions are not recognized in bankruptcy proceedings in Oklahoma. Therefore, those in a civil union should consult with a bankruptcy lawyer to determine what their rights and options are in the state of Oklahoma.
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