This is a question that comes up often. Sometimes, a lending institution will ask you to sign a document that says you promise not to file bankruptcy before they lend you money. Generally, these prohibitions on filing are not valid and therefore not enforceable. If you qualify, you have a constitutional right to file bankruptcy. So why do these banks have these clauses if they are not enforceable? I think the banks believe these clauses might scare or discourage some of their customers from filing. They are counting not only their money, but also on the ignorance of the general consumer.
For you lawyers, this is the actual language of Section 363:
(l) Subject to the provisions of section 365 [11 USCS § 365], the trustee may use, sell, or lease property under subsection (b) or (c) of this section, or a plan under chapter 11, 12, or 13 of this title [11 USCS §§ 1101 et seq., 1201 et seq., or 1301 et seq.] may provide for the use, sale, or lease of property, notwithstanding any provision in a contract, a lease, or applicable law that is conditioned on the insolvency or financial condition of the debtor, on the commencement of a case under this title concerning the debtor, or on the appointment of or the taking possession by a trustee in a case under this title or a custodian, and that effects, or gives an option to effect, a forfeiture, modification, or termination of the debtor’s interest in such property.
Just remember this, bankruptcy courts routinely rewrite contracts, yours can also be rewritten.