Willard v. Van Dellen (In re Willard)

ORDER GRANTING MOTIONS TO DISMISS

GEORGE L. PROCTOR, Bankruptcy Judge.

Plaintiffs filed two adversary complaints against defendants arising from the same set of facts. Plaintiffs state in their complaints that defendants made a loan to them of $75,000.00. As security for the loan, plaintiffs and defendants executed two agreements, namely, a mortgage on real property and a limited partnership agreement. Plaintiffs seek to have this Court rescind both agreements. Defendants have filed motions to dismiss in response to the complaints.

A party desiring to rescind agreements “must abide by the…