Can I keep my 401(k) if I File for Bankruptcy?
Can I keep my 401(k) if I file for bankruptcy? Yes
When you file for bankruptcy you are given exemptions that you may use to protect your property. Some exemptions are limited, such as those used to protect your automobile and household goods, and some are unlimited, such as the exemptions you receive to protect any qualified retirement.
401(k)’s, 403(b)’s, pensions and the vast majority of IRA’s are considered to be qualified retirement plans.