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IN RE DiVITTORIO

No. 11-1188.

670 F.3d 273 (2012)

In re Angelo DiVITTORIO, Debtor. Angelo DiVittorio, Appellant, v. HSBC Bank USA, NA as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-SD1, Asset-Backed-Pass Through Certificates, Appellee, Ocwen Loan Servicing, LLC; IndyMac Federal Bank, Defendants.

United States Court of Appeals, First Circuit.

Decided January 6, 2012.

Attorney(s) appearing for the Case

Harvey S. Shapiro was on brief for appellant.

David E. Fialkow , with whom Jeffrey S. Patterson and Nelson, Mullin, Riley & Scarborough LLP were on brief, for appellee.

Before LIPEZ, RIPPLE, and HOWARD, Circuit Judges.

RIPPLE, Circuit Judge.

Angelo DiVittorio filed this adversary proceeding in which he asserted a right to rescind a loan agreement on the ground that the disclosures made at closing did not comply with the Massachusetts Consumer Credit Cost Disclosure Act ("MCCCDA"), Mass. Gen. Laws ch. 140D, § 10, the Commonwealth's equivalent of the Truth in Lending Act ("TILA"), 15 U.S.C. § 1601 et seq. The bankruptcy court held that Mr. DiVittorio had failed to...

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