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When you own a home, your mortgage is secured by the property itself. Chapter 7 bankruptcy focuses on eliminating unsecured debts, but mortgage obligations are treated differently. Because of this, preventing additional mortgage debt during Chapter 7 personal bankruptcy in Minneapolis is an important part of the overall bankruptcy strategy your attorney will help you develop. At Walker & Walker, our experienced Chapter 7 bankruptcy attorneys will review your mortgage and explain how it fits into your Chapter 7 case.
Taking on a new mortgage during Chapter 7 can add complexity to your case and shape the fresh start you are working toward. Chapter 7 is meant to eliminate unsecured debts, but new secured obligations, such as a mortgage, remain your responsibility even after filing.
In most situations, it is difficult to refinance or obtain approval for a new mortgage during an active Chapter 7 case. Lenders are often hesitant to approve new loans at this stage, and when approval is possible, the terms may be less favorable.
At Walker & Walker, our Chapter 7 bankruptcy attorneys in Minneapolis will help you understand the timing of financial decisions so you can protect your home, keep your case on track, and build toward long-term stability.
Thoughtful financial planning can help limit unnecessary mortgage obligations during bankruptcy. If you plan to keep your home, reaffirming your first mortgage may be part of the process. Second mortgages are not reaffirmed in Chapter 7.
While your case is active, the automatic stay temporarily pauses foreclosure activity. After the bankruptcy concludes, staying current on payments becomes important if you wish to retain the property.
If you reaffirm your mortgage and later fall behind, missed payments and foreclosure activity can still affect your credit. However, under Minnesota law, borrowers are generally not responsible for a mortgage deficiency if a foreclosed home sells for less than the amount owed. In other words, the lender’s recourse is limited to the property itself.
If you choose not to reaffirm, certain obligations may be treated differently depending on the facts of your case. An attorney can help you understand how these options apply to your situation and guide you toward the approach that best fits your goals.
A Minneapolis Chapter 7 bankruptcy attorney from Walker & Walker will help you navigate decisions involving mortgage debt during bankruptcy. We will explain how secured obligations are treated, review your options, and help you plan appropriately—both during your case and for the years that follow.
With the right strategy in place, many clients are able to complete Chapter 7 successfully and position themselves to qualify for future home financing once the appropriate waiting periods have passed.
If overwhelming debt has left you uncertain about the future, Walker & Walker is here to help. We will guide you through the Chapter 7 process, protect your home, and give you the tools to move forward with confidence.
Contact us today to schedule a free consultation and learn more about preventing additional mortgage debt during Chapter 7 personal bankruptcy in Minneapolis. Together, we can protect your rights and help you achieve the fresh financial start you deserve.
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