Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.3
Absent voluntary payments, you would have to sue to collect, yes. that will not necessarily help you though, for payments made prior to bankruptcy can be forced to be turned over to the bankruptcy court as a preferential payment/transfer.
You can still try to collect until they file the bankruptcy. Once the case is filed, you would have to abide by those rules, and should discuss the matter with your lawyer.
You can possibly move to modify the automatic stay, and then once granted, you can evict
you would then just follow your local rules on eviction process once you have modified the automatic stay.
It really depends on what chapter they file, and what their intent is with the debt and the cas.e
Do you have any bankruptcy questions?
So is filing for a judgement now necessary?
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