insolvency

I don't think you'll have to include your retirement funds when you calculate your assets. Retirement funds are exempt in case of bankruptcy filing. When you file bankruptcy, you will have to include a list of your exempt property. The list should include the description of the property, specify the law authorizing the exemption and list the value of the exemption. Creditors, or others interested in your case, can object to your exemptions within 30 days after the 341 meeting. If your creditors object to the exemption, it's their responsibility to prove that you've wrongly claimed the exemption. Nevertheless, it is always better to contact a bankruptcy attorney and check out his/her opinion in this matter.