I'm not sure what you're really trying to ask. Are you concerned that your 401k distribution will be taken by the Trustee in bankruptcy? Or are you concerned that the income from the 401k distribution will render you ineligible? These are both possibilities.
If you receive the 401k distribution within 6 calendar months prior to filing your case, then it will be considered income on the "means test" and, as such, can impact your eligibility to file Chapter 7 or may affect your payment amounts in a Chapter 13.
As for the money itself, it (whatever you have on the date your bankruptcy case is filed) is protected depending on the amounts and the exemptions laws of whatever state is applicable in your case. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections. Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.
Mark Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr
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