We really don't know his financial situation. But saying he would need to liquidate both his and his wife's 401 k means he has no assets. Also let's assume he has a job, most of the money may go to paying mortgage or rent and food. So yes, he would qualify and it's the right solution since the 401k is protected. He will not able to trade again, but it was not like he knew what he was doing.
Also, you hear about rich people filing for bankruptcy all the time like 50 cents just did. He filed and then a week later was at strip club dropping $ 10,000 on strippers. LOL. If your debts are greater than your assets to cover these due debts then you can file. What it does not cover is student loans and certain court judgements against you like maybe child support which you need to renegotiate with a judge if your financial situation has changed.
The main thing is not to try to hide assets. If 50 cents has multiple cars, he needs to list them in the filing or if someone finds out he did not, he could serve time in jail.
Also, you hear about rich people filing for bankruptcy all the time like 50 cents just did. He filed and then a week later was at strip club dropping $ 10,000 on strippers. LOL. If your debts are greater than your assets to cover these due debts then you can file. What it does not cover is student loans and certain court judgements against you like maybe child support which you need to renegotiate with a judge if your financial situation has changed.
The main thing is not to try to hide assets. If 50 cents has multiple cars, he needs to list them in the filing or if someone finds out he did not, he could serve time in jail.
You can only go BK if you have low or no income and assets (most kinds).