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DearCustomer- There is really nothing you can do to prevent her from filing a bankruptcy and if she does file she must include every debt she has at the time of filing. Whether you file a suit or not would have no effect on a bankruptcy since it would be the same debt and would still be included.
Since this is an unsecured debt you are basically at risk and there's nothing you can do to change your status. Filing a suit might be a bad thing if she is paying you regularly since it might make her think she should go ahead and file for bankruptcy. At least you are now getting paid so I see no reason to upset things. If she stops paying you can always file suit and take your chances.
David Kennett - JD - Attorney at Law
No problem. Just remember that many people threaten bankruptcy but its not always that easy due to many factors that are involved. At least she's paying so keep your fingers crossed! - Thanks for using our service.
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