I failed the means test for Chapter 7 filing in delaware due to cash gifts and a 401K withdrawal,

When you say you "failed" the means test, are you saying your case has already been filed?  If yes, then what has happened is that you filed Form 22A and a "presumption of abuse" has arisen.  Most likely you will receive a letter (or Motion) from the US Trustee's Office in your district either seeking more information or they will file a Motion to Dismiss your case. If you haven't already done so, you should make sure that it is clear that the cash gifts and 401k withdrawal were one-time events, and not recurring.   Assuming those are the only reasons the presumption of abuse arose, there is a decent chance you should still be able to receive your discharge. However, you need to hire a competent bankruptcy attorney in your area to guide you through the rest of this process. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.