James E. Judge & Patricia A. Judge v. Prod. Credit Ass'n of the Midlands, a Nebraska Corp., 969 F.2d 699 (8th Cir. 1992). · Go Syfert
James E. Judge & Patricia A. Judge v. Prod. Credit Ass'n of the Midlands, a Nebraska Corp., 969 F.2d 699 (8th Cir. 1992). Cases Citing This Book View Copy Cite
9 citation events across 1 distinct court.
Strongest positive: In Re Paul W. Geiger, Debtor. Paul W. Geiger v. Margaret Kawaauhau and Solomon Kawaauhau (ca8, 1997-05-14)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) In Re Paul W. Geiger, Debtor. Paul W. Geiger v. Margaret Kawaauhau and Solomon Kawaauhau (2×)
8th Cir. · 1997 · confidence medium
Credit Ass'n of the Midlands, 969 F.2d 699, 700 (8th Cir.1992)(per curiam); see also In re Exec Tech Partners, 107 F.3d 677 , 680 (8th Cir.1997). 11 Since Dr. Geiger inflicted a willful and malicious injury within the meaning § 523(a)(6), I would affirm the judgment denying the discharge of his debt to the Kawaauhaus. 1 Dr. Geiger testified in the bankruptcy court that his patient's concern about cost prevented him from administering the proper standard of care.
discussed Cited as authority (rule) Paul W. Geiger v. Margaret Kawaauhau
8th Cir. · 1997 · confidence medium
Credit Ass’n of the Midlands, 969 F.2d 699, 700 (8th Cir. 1992)(per curiam); see also In re Exec Tech Partners, 107 F.3d 677 , 680 (8th Cir. 1997).11 Since Dr. Geiger inflicted a willful 9 Several other red herrings have also been raised.
discussed Cited as authority (rule) In Re Graven
8th Cir. · 1995 · confidence medium
Normally, such concurrent findings bring into play the "two-court rule" under which we "will not review concurrent findings of fact by two lower courts absent a 'very obvious and exceptional showing of error.' " Judge v. Production Credit Ass'n of the Midlands, 969 F.2d 699, 700 (8th Cir.1992) (quoting Graver Tank & Mfg.
discussed Cited as authority (rule) Fink v. Graven Auction Co. (In re Estate of Graven)
8th Cir. · 1995 · confidence medium
Normally, such concurrent findings bring into play the “two-court rule” under which we “will not review concurrent findings of fact by two lower courts absent a Very obvious and exceptional showing of error.’ ” Judge v. Production Credit Ass’n of the Midlands, 969 F.2d 699, 700 (8th Cir.1992) (quoting Graver Tank & Mfg.
discussed Cited as authority (rule) Bankr. L. Rep. P 76,529 in Re Stanley W. Gerrald, Debtor. Stanley W. Gerrald v. William Randall Wright, Chapter 7 Trustee
8th Cir. · 1995 · confidence medium
These concurrent findings bring into play the “two-court rule” under which we “will not review concurrent findings of fact by two lower courts absent a ‘very obvious and exceptional showing of error.’ ” Judge v. Production Credit Ass’n of the Midlands, 969 F.2d 699, 700 (8th Cir.1992) (quoting Graver Tank & Mfg.
discussed Cited as authority (rule) In Re Michael T. Murray, Debtor. Shady Oak Investors, a California General Partnership v. Michael T. Murray
8th Cir. · 1993 · confidence medium
The rule-called the two-court rule-is that we "will not review concurrent findings of fact by two lower courts absent a 'very obvious and exceptional showing of error.' " Judge v. Production Credit Ass'n of the Midlands, 969 F.2d 699, 700 (8th Cir. 1992) (per curiam), quoting Graver Tank & Mfg.
discussed Cited as authority (rule) In re Janz
8th Cir. · 1992 · confidence medium
We will not review the district court's affirmance of the bankruptcy court's factual findings "absent a 'very obvious and exceptional showing of error.' " Judge v. Production Credit Ass'n of the Midlands, 969 F.2d 699, 700 (8th Cir. 1992) (quoting Graver Tank & Mfg. v. Linde Air Prod.
cited Cited "see" In Re Richard J. MOREL, Debtor. Kathryn E. MOREL, Appellant, v. Richard J. MOREL, Appellee
8th Cir. · 1992 · signal: see · confidence high
See Judge v. Production Credit Assoc., 969 F.2d 699, 700 (8th Cir.1992) (per curiam); In Re Schwen’s, Inc., 693 F.2d 48 , 49 (8th Cir.1982) (per curiam).
Retrieving the full opinion text from the archive…
James E. JUDGE and Patricia A. Judge, Appellants,
v.
PRODUCTION CREDIT ASSOCIATION OF THE MIDLANDS, a Nebraska Corporation, Appellee
91-3507.
Court of Appeals for the Eighth Circuit.
Jul 14, 1992.
969 F.2d 699
1992 U.S. App. LEXIS 15967
1992 WL 159862
Dan Childers, Cedar Rapids, Iowa, argued (Thomas L. Fiegen, on the brief), for appellants., John M. Titler, Cedar Rapids, Iowa, argued, for appellee.
Arnold, Friedman, Loken.
Cited by 9 opinions  |  Published
PER CURIAM.

James and Patricia Judge, debtors in a bankruptcy proceeding, defaulted on their[*700] loan with the Production Credit Association (PCA) in 1986. They claim that in a meeting with a PCA representative an oral agreement was reached whereby the PCA would restructure the Judges’ loan and forgive a substantial amount of their debt. The PCA denies the existence of any such agreement. The Bankruptcy Court [1] found there was no binding agreement, and the District Court [2] held this finding was not clearly erroneous and affirmed.

The question posed on appeal is whether there was a binding agreement to restructure the Judges’ indebtedness. We review the factual findings of the District Court using the same standard of review that the District Court applied in reviewing the findings of the Bankruptcy Court — whether the findings were clearly erroneous. While clearing this hurdle is burdensome for any appellant, it is made even more difficult by the situation here. Not only are we reviewing one court’s findings, we are reviewing an appellate court’s affirmance of a lower court’s factual findings, something we do not regularly do. Like the Supreme Court, however, we follow the two-court rule. See In Re Schwen’s, Inc., 693 F.2d 48, 49 (8th Cir.1982). Under this doctrine, the Court will not review concurrent findings of fact by two lower courts absent a “very obvious and exceptional showing of error.” Graver Tank & Mfg. Co. v. Linde Air Products Co., 336 U.S. 271, 275, 69 S.Ct. 535, 538, 93 L.Ed. 672 (1949). Although the Supreme Court is referring to findings of fact made by a district court and affirmed by a court of appeals, the rule is equally applicable here.

Since we find the District Court’s factual findings are not clearly erroneous and that it committed no errors of law, we affirm. See 8th Cir.R. 47B.

1

. The Hon. Michael J. Melloy, Chief Judge, United States Bankruptcy Court for the Northern District of Iowa.

2

. The Hon. Edward J. McManus, Senior United States District Judge for the Northern District of Iowa.