Hardesty v. Johnson

MEMORANDUM

NANGLE, District Judge.

This matter comes before this Court by way of the Bankruptcy Court, in which plaintiff originally filed her complaint to determine nondischargability of debt. The Eighth Circuit has held that Bankruptcy Courts, as Article I courts, lack the statutory authority to conduct jury trials on legal proceedings. In re United Missouri Bank of Kansas City, N.A., 901 F.2d 1449 (8th Cir.1990). Because the Bankruptcy Court ultimately determined that a jury trial, as demanded by plaintiff, would be necessary to resolve plaintiffs claims, it entered an order transferring the…