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In Re: Angelo Divittorio v. Hsbc Bank Usa, Na As Trustee On Behalf of Ace Securities Corp.

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Before Lipez, Ripple, *fn1 and Howard, Circuit Judges.

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 state a claim for relief and, alternatively, had waived his right to rescind the transaction. The district court affirmed the bankruptcy court’s judgment for failure to state a claim, but did not reach the issue of waiver. We conclude that Mr. DiVittorio’s complaint in the adversary proceeding failed to state a claim and, alternatively, that Mr. DiVittorio knowingly and voluntarily waived any rights to rescission. We therefore affirm the judgment of the district court.

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