chat Will I lose my 401K if I file Bankruptcy? September 23, 2014 by Mark E. Lewis, Attorney 1 Comment I have approx $35K in my 401K. Is there a way to protect this if I have to file bankruptcy or will I lose all of it since my debt total is higher. Posted in:Anonymous Q & ABankruptcyNew York See more Prev:Are personal loans considered unsecured debt? Back: All Posts Next:Does filing bankruptcy affect child support? One Comment Mark E. Lewis, Attorney September 24, 2014 at 12:11 pm You will not lose your retirement account, including a 401k fund. Those funds are protected in a bankruptcy case and exempt from your creditors regardless of what state you reside in. Any retirement account or profit sharing plan that qualifies (including IRA’s) under IRS code will be protected. Leave a Reply Cancel replyYou must be logged in to post a comment.