It is a general partnership. If the bankruptcy is void because one partner did not sign wouldn’t that make the loan void because not all partners signed?
A: A loan is a contract
between a lender and a borrower. A borrower who accepts the benefits of a contract (the loan proceeds), and pays according to the contract's terms (even for a short period of time), impliedly accepts the contract under which the benefits are promised, (i.e., an implied-in-fact contract). Similarly, accepting the proceeds of the loan and never making a payment, even without the consent of the partners, could create an "implied-in-law" contract, which is a contract created by law to avoid the unjust enrichment of one party at another's expense. Here again, accepting the loan proceeds can be used to imply the existence of a contract, even without any express consent.
A bankruptcy petition is not a contract. It is a right, guaranteed by the U.S. Constitution, and implemented by Congressional Acts, and federal court interpretation. Bankr. Code Section 1221 requires that a Chapter 12 petition must be voluntary. A voluntary act of a partnership, not in the ordinary course of business requires the consent of all partners, under ORS 67.090(2).
Once again, I realize that my finding no clear workaround may be untenable, but I cannot change the law. If, for example, you could show that your respective shares were intended to provide proportionate voting rights, and the majority of shares have voted for bankruptcy, then that would permit you to file the bankruptcy. Otherwise, each partner has equal rights in the management and conduct of the partnership business. ORS 67.140(7).
Hope this helps.