“Dear Lewis,
I have a personnal bankruptcy already in progress. The trustee keeps losing my documents and I am tired of the whole thing. I don’t have any assets. No house, car. or income. I am recently separated from my husband. SO I would rather every one sue me as I don’t have any money anyway.
Can i cancel my bankruptcy already in progress
Rosana”
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Dear Rosana,
If it is a chapter 7, no you have no absolute right to cancel your chapter 7. In most jurisdictions, you do have the right to cancel your chapter 13 case.
Are you sure it is the trustee who is losing your documents, or an attorney handling your case?
If it is the trustee, I would send the documents (by certified mail, return receipt) one last time. If the trustee claims they are lost again, I would ask for a hearing in front of the judge and show proof that you sent the documents.
You are so close to being done with the bankruptcy, it would be a shame to quit now.
Good luck!
My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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Facing a Similar Situation? You’re not alone — and you have more options than you think. Start with the all your debt relief options page to see what’s realistic, or take the 2-minute bankruptcy quiz if the debt feels unmanageable. Federal Reserve research shows filers recover faster than those who don’t file. If a company is involved, run them through the Scam-O-Meter first.
