Obviously a bankruptcy is definitely worth considering. I would suggest that you limit the size of the withdrawal from your 401(k) to enough to (a) meet your immediate needs for just a few months until you can reasonably expect to find a new job; and (b) pay the costs and fees of a bankruptcy. The filing fee for a Chapter 7 is $335; for a Ch. 13, $310. Lawyers will ask for an advance payment ('retainer') in an amount they will estimate based on how much work the filing apparently will require. In my office, we usually ask for a retainer of $2,000 for a Ch. 7; and $2,500 to $3,000 for a Chapter 13. It's not really cheap, but it can be a lifesaver for people who really need it.
Answered on May 05th, 2017 at 8:36 AM