Whatever you do, don't take money out of your 401K. That money is protected in bankruptcy so there's no point in losing money you don't have to. You'll regret it later. Basically your attorney/trustee is going to want to see bank statements, credit card statements, paystubs and any other income from the past 3-6 months and taxes from the last 2 years. Are you behind in the payments on the house? Have you considered putting the house up for sale? Guess I'm not sure how far deep you are in. You could sell the house and use the funds to pay off your debt or surrender your house and file bankruptcy on the remainder of the debt. I don't want to pry, but how much debt are we talking do you have and what kind - credit card, medical, the house? What are you concerned would be considered fraud? Don't let people on this forum scare you. They all told me I was committing fraud when I wasn't. Don't let them convince you that you are doing something illegal because most likely you aren't.