Oh, I agree that the time for legal actions are imminent.

However, suing before a bankruptcy filing is a waste of attorney fees usually. The lawsuit or any judgment would be stayed in the bankruptcy and most likely any action or judgment discharged by the bankruptcy's conclusion like any other bad debt would be.

The only value of any lawsuit, or threat of a lawsuit, would be forcing some settlement in lieu of or prior to a bankruptcy filing.
e.g., "playing hardball," "taking no prisoners" ...