Legal Question in Bankruptcy in Hawaii

The Answers to Your Questions Depend

The "about $15,000 in two separate 401k plans" will most likely be exempts. Depends on which exemptions you use, Federal or State, and (if you use State) how long ago funds were deposited into your plan(s). As for filing for bankruptcy, or divorce first, it again depends. I'm presuming you're talking about Chapter 7. Depending on what you and your husband have in terms of assets, you may choose to file together and double the exemption amounts. Also filing once together is cheaper that filing twice separately. It probably would be more efficient cost wise for the two of you to file chapter 7 jointly, since you both together owe the $25,000 in debt on credit cards and (from what you've said), you are both probably also liable on the $9,000 car loan. You can file separately, though, if your husband does not want to file bankruptcy, or if you do not want to file with him or he doesn't want to file with you.