Yes, but then remember that your only relief will be against any insurance policies available to cover your claim. . Many Chapter 7 trustees will consent to lift the bankruptcy stay if the plaintiff waives its claim against the bankruptcy estate and limits recovery to available insurance. Before making a decision to waive a claim, you must know if there is insurance coverage. If you cannot negotiate an order, you will need to file a motion with the bankruptcy court to obtain an order to lift the bankruptcy stay.