Is there of writing a promissory note / 2nd mortgage that will not allow the buyer to discharge the debt if they were to go bankrupt?

Meet with a lawyer experienced in both real estate matters and bankruptcy. The advice will cost you of course, but it will save you a lot of grief down the road. Good luck!

No, any provision like that in the contract would be void as against public policy. The best strategy is to make sure there is sufficient equity in the property to cover the second mortgage in the event of default/foreclosure.

Such a contract provision would be void as against public policy. You should be getting adequate security to insure payment of the promissory note. In the old days, you could require the first born child as collateral, but nowadays, that is a provision that also violates public policy.

A mortgage, of itself, is generally not affected by a bankruptcy. And most lawyers would agree that you should be sure to have such a mortgage, and to record it with the real estate records in your county. But in addition to the mortgage, which is a security interest in real estate, there is likely a mortgage note ? the promise to pay and that can be discharged in the bankruptcy. However, if the value of the property should fall below the balance due on the first mortgage, then your second mortgage would probably have no value. It's always a good idea to consult an experienced lawyer who can consider all the facts and all of the details.