Point 1091a(a)(1) says “[i]t ‘s the reason for it subsection to ensure financial obligation to settle money and you can offer overpayments try enforced as opposed to regard to one Federal or Condition legal, regulating, otherwise administrative restrict for the several months within and this bills may be enforced

Correctly, we find that petitioner possess failed to demonstrate that PHEAA produced one not true representation about the reputation, the quantity, or quantity of the woman mortgage because blocked by west Virginia Password § 46A-2-127(d). As this Court made clear a couple of times, “the team opposing realization judgment need certainly to satisfy the weight from proof by offering more than just ‘scintilla from research.’ ” Williams v. Accuracy Coil, Inc., 194 W. Va. 52, sixty, 459 S. Independence Reception, Inc., 477 You. S. 242, 252 (1986)). Then, “a bona fide point does not arise unless there clearly was enough facts favoring brand new low-moving people to have a fair jury to go back a verdict getting you to definitely group.” Syl. Pt. 5, partly, Jividen v. Laws, 194 W. Va. 705, 708, 461 S.Elizabeth.2d 451, 454 (1995). Which will make an effective trialworthy question, “the fresh new non-swinging party [must] indicate no less than one disputed ‘material’ points. […]