Placing judgment against prior tenant facing bankruptcy?
A prior tenant moved out quite abruptly in the middle of a lease period owing about $2K in back rent and lease break fees (specifically outlined in the lease). I've been communicating with the tenant over the past few months to try and get them to set-up a payment plan and have had two letters sent from my lawyer outlining what is owed. They stopped all communication with me a week after moving out (which was about 4 months ago) until I sent them an email saying I was going to place a judgement via small claims court and report them to the credit bureaus. The tenant then replied and told me he and his wife are considering filing for bankruptcy due to financial problems. I'm now wondering if its worth my time and expense to even file the claim if they do in fact file for bankruptcy. I know placing judgment against them doesn't actually guarantee any payment to me, but didn't know if them filing bankruptcy made it any more or less likely that I would receive payment. Filing the claim will only cost me about $125, which I could recoup if the judge rules in my favor and they pay what is owed.
What is your experience with this type of non-payment situation and how did you handle it?