debtors each with two copies of the Notice of Right to Cancel and vacated and remanded the Bankruptcy Court’s determination that rescission may not be conditioned upon tender by debtors. Wells Fargo Bank N.A. v. Jaaskelainen, 407 B.R. 449, 463 (D.Mass.2009). While not relevant here, this Court has expressed a different view as to the latter issue. See Giza I at 273-276. 21 . The Court noted the "split over whether a borrower’s testimony of non-receipt [by itself] is enough to rebut the presumption of delivery in TILA.” In re Sousa, at *6. Compare CUNA Mut. Ins. Group v. Williams, 185 B.R. 598, 599 (9th Cir. BAP 1995) ("The law in this circuit is that denial of receipt does not rebut the presumption.”); Rhoades v. Credithrift, Inc. (In re Rhoades), 80 B.R. 938, 941 (Bankr.C.D.Ill.1987) (<HOLDING>); McCarthy v. Option One Mortg. Corp., 362 F.3d
holding that something more than a mere error of law is required to constitute misconduct holding that more than notice to a defendant is required holding something more than denial of receipt is required holding that appellants specific factual denial of receipt was sufficient evidence to defeat the presumption of receipt raised by a docket entry showing mailing holding that probable cause is something more than mere suspicion