[bswright7995]

I still owe hardship loan on 401k but I would like to cash out how would or could I cash out?

[ScottGem]

First your plan has to permit an inservice withdrawal. If you do and there is an outstanding loan balance then that balance will be added to the withdrawn amount to calculate penalties and taxation.

Cashing out your 401K should be a VERY last resort. If you do you are losing significant amounts of money.

[MukatA]

If your plan permits you can made hardship withdrawal without penalty. Check with your plan administration if your hardship is hardship.
Read Your U.S. Tax Return: Elective Deferrals 401(k) Plans

[ebaines]

Unlike withdrawals from IRAs, the term "hardship" as applied to a 401(k) is more about the circumstances under which your employer must allow you to make a withdrawal, as opposed to the circumstances that allow a withdrawal to be penalty-free. The definition of "hardship" as it applies to 401(k)s are (1) total and permanent disability, (2) medical expenses in excess of 7.5% of your adjusted gross income, (3) the purchase of a principal residence, (4) higher education expenses, (5) payments you must make to avoid eviction or foreclosure on your home, (6) funeral expenses, and (7) repairs of your primary residence. If your reason for withdrawal is one of these, your employer must allow you to make the withdrawal. However, even though it's called a "hardship," the withdrawal will be subject to both income taxes and the 10% early withdrawal penalty if you are under 59-1/2, unless the withdrawal is due to (a) total and permanent disability, (b) medical payments in excess of 7.5% of your AGI, or (c) you are over 55 and separated from service from your employer. Absent one of these exceptions, you will be subject to the 10% penalty. Also, if you default on your outstanding loan the amount of the loan will be considered an early withdrawal, and hence the amount you borrowed will be subject to both the 10% penalty (unless you meet one of the exceptions) plus income taxes - you will have to come up with the cash to pay this to the IRS.

If your reason for withdrawal is something other than the "hardship" reasons given above, your employer is not required to allow you to withdraw from your 401(k) while you are still employed. Obviously you need to check with your plan administrator to see what the specific rules are for your employer's plan.