Are civil unions recognized in bankruptcy proceedings?

Yes, civil unions are recognized in bankruptcy proceedings in South Carolina. The federal Bankruptcy Code, which applies in South Carolina, does not differentiate between civil union and marriage when recognizing the marital status of couples. Therefore, civil unions are recognized when filing for bankruptcy in the state. In the case of a joint filing, the legal rights and obligations of the civil unioned couple are the same as those of married couples. This means that the couple must include all shared debts in the bankruptcy filing and be jointly responsible for any individual debts declared in their case. At the same time, a civil union couple is entitled to the same rights and protections as a married couple during a bankruptcy. This includes the right to claim joint liabilities, exemptions, and other debts together rather than individually. In addition, the court may require that a civil union couple attend a court-approved financial management education course prior to their discharge. This is the same requirement expected of married couples. In the end, it is important to note that civil unions may be recognized in bankruptcy proceedings but it is still the responsibility of the couple to protect their rights when filing and to understand their rights under the laws of their state.

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