401k in chapt 13.

How did you get a Chapter 13 case confirmed with no income?  Your attorney is in the best position to answer your question on this, so you should ask them.  But my thought is that you should be able to use the 401k as you wish, but you need to understand that if you are below retirement age, you will likely end up having to pay taxes and penalties on the early withdrawal, and if those are not timely paid, it can cause problems in your Chapter 13 case as well (i.e. dismissal of the case for not paying postpetition expenses). Ultimately the answer depends on multiple factors, including the terms of your confirmed plan, your current budget, and your expected budget, as well as your debt classifications and other things, which is why your attorney is the best person to advise you on this.