The best suggestion is to wait until your case is closed before you make the withdraw then you wont have any issues.
Legal Information is Not Legal Advice
My answer provides information about the law based on the limited information provided in the questions asked and is not intended to be legal advice. The law differs in each jurisdiction and may be interpreted or applied differently depending on the location or situation. I highly recommend that you consult with an attorney to discuss the specific details of your situation so you can get legal advice tailored to your specific circumstances. The information in my answer is for educational and information purposes only, and is not legal advice or legal opinions. The answer provided to the question asked does not constitute a lawyer-client relationship.
The safest route to go is to hold off until your case is closed. However, I am of the opinion that these funds are not property of your bankruptcy estate.
A 401K is not property of the estate. Both ERISA and the U.S. Supreme Court (Patterson v. Shumate) say so. After you file, then you can take money out without it affecting your case. Please consider carefully before doing it. Creditors cannot get access to that account. It is protected.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
The trustee cannot go after a 401K generally. However, you should wait until the case is closed and you get the discharge to make a large withdrawal from the account.
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