Luciano

MEMORANDUM **

Debtor Joyce M. Luciano appeals pro se from the district court’s order affirming the bankruptcy court’s summary judgment in favor of Weyerhaeuser Mortgage Corporation (“WMC”) in Luciano’s adversary proceeding alleging violations of the Truth in Lending Act (“TILA”) and the Home Ownership and Equity Protection Act of 1994 (“HOEPA”) in connection with a home equity loan. We have jurisdiction under 28 U.S.C. § 158 (d). We stand in the same position as did the district court in reviewing the bankruptcy court’s order, *630 and we review the bankruptcy court’s findings of fact for clear error and its conclusions of law de novo. Levander v. Prober (In re Levander), 180 F.3d 1114, 1118 (9th Cir.1999). We affirm.

The bankruptcy court properly granted summary judgment on Luciano’s HOEPA claims because she did not raise a material issue of fact as to whether her loan was subject to HOEPA disclosure requirements. See 15 U.S.C. § 1602 (aa)(l) (defining loans subject to HOEPA).

The bankruptcy court did not abuse its discretion in declining to apply equitable tolling to Luciano’s TILA damages claims because those claims flow from her allegation that she did not receive copies of…