Are civil unions recognized in bankruptcy proceedings?
Civil unions are not recognized under the law in Texas, so they are not typically recognized in bankruptcy proceedings either. Generally speaking, only marital relationships are recognized in bankruptcy proceedings, as set forth by the U.S. Bankruptcy Code. In other words, marriage is the only legal union that can be considered in cases of bankruptcy, since it is the only one that exists under state law. Civil unions do not have the same rights as married couples in Texas, and therefore, the court does not have the power to grant the same legal protections to couples in a civil union as it would to married couples. The same is true for bankruptcy proceedings. The Bankruptcy Code states that in order to be considered a married couple, the two people must have entered into a legal marriage, as recognized by state law. This means couples in a civil union cannot be considered married or their union recognized in bankruptcy proceedings. In summary, under current Texas law, civil unions are not recognized in bankruptcy proceedings, as they are not a legally recognized form of marriage. Couples in a civil union would have to enter into a legally binding marriage agreement in order to be considered married in the eyes of the Bankruptcy Code, and thus, eligible to receive the legal protections associated with marriage in bankruptcy proceedings.
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