---
title: "Charles L. Nail Jr. | KnowJudges"
canonical: "https://knowjudges.com/kyj/judge/charles-l-nail-jr-8952"
page_type: "judge_profile"
updated: "2026-10-07"
---

# Charles L. Nail Jr.

U.S. Bankruptcy Court for the District of South Dakota · U.S. Bankruptcy Judge

## Profile

- Court: U.S. Bankruptcy Court for the District of South Dakota
- State: South Dakota
- Role: U.S. Bankruptcy Judge
- Service status: former
- Last verified: 2026-09-25

## Summary

Official statewide and applicable court procedural guidance applies to this judge.

## Biography

### Professional career

- Charles L. Nail, Jr. was a judge of the U.S. Bankruptcy Court for the District of South Dakota, appointed by the U.S. Court of Appeals for the 8th Circuit in 2006 and serving until his retirement in 2023
- Judge, U.S. Court of Appeals for the Eighth Circuit - Bankruptcy Appellate Panel, from 2010-09
- Judge, United States Bankruptcy Court, D. South Dakota, 2006
- Clerk of the Court, U.S. Bankruptcy Court - District of South Dakota, 1995–2006
- South Dakota Bankruptcy Court clerk in September 1995; and was sworn in as bankruptcy judge August 2006

### Education

- Charles L. Nail Jr.’s American Bankruptcy Institute speaker biography directly confirms University of South Dakota undergraduate degree (1979) and University of Minnesota J.D. magna cum laude (1982).
- University of South Dakota — B.S. (1979)

### Additional information

- He joined the Eighth Circuit Bankruptcy Appellate Panel in September 2010 and became its chief in January 2021.
- Assistant U.S. Trustee, U.S. Bankruptcy Court - District of South Dakota, from 1988
- 7 Trustee, U.S. Bankruptcy Court - District of Minnesota, through 1988
- He became South Dakota assistant U.S. trustee in November 1988, later serving both Dakotas
- In January 1984 he moved from Stacker & Ravich litigation to Arnold & McDowell bankruptcy in Minneapolis, also serving as Minnesota chapter 7 trustee.
- Ch.
- His teaching included at University of South Dakota law school and coauthored Truth or Consequences: The Dilemma of Asserting the Fifth Amendment Privilege Against Self-Incrimination in Bankruptcy Proceedings in Nebraska Law Review.

## Before you appear

- Read the judge-specific standing order first when one is listed.
- Check the docket and case orders for requirements that supersede broader guidance.
- Confirm current remote-access and courtroom technology arrangements before the proceeding.

## Courtroom Rules

### motion form

Scope: courtwide

Request an order by written motion unless the rules authorize an application or the request is made during a hearing. State the grounds with particularity and specify the requested relief or order.

Evidence excerpt: A motion must state its grounds with particularity and set forth the relief or order requested.

[Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
Source checked: 2026-07-30

### motion notice timing

Scope: courtwide

Unless a motion may be heard ex parte or another period applies, serve the written motion and hearing notice at least seven days before the hearing. Serve supporting affidavits with the motion.

Evidence excerpt: A written motion (other than one that may be heard ex parte) and notice of any hearing must be served at least 7 days before the hearing date, unless the court or these rules set a different period.

[Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
Source checked: 2026-07-30

### contested matter notice

Scope: courtwide

In a contested matter not otherwise governed by the bankruptcy rules, request relief by motion and give the opposing party reasonable notice and an opportunity to be heard. A response is required only if the court orders one.

Evidence excerpt: Reasonable notice and an opportunity to be heard must be given to the party against whom relief is sought. No response is required unless the court orders otherwise.

[Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
Source checked: 2026-07-30

### disputed fact testimony

Scope: courtwide

Present witness testimony on a disputed material factual issue in the same manner as testimony in an adversary proceeding.

Evidence excerpt: A witness's testimony on a disputed material factual issue must be taken in the same manner as testimony in an adversary proceeding.

[Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
Source checked: 2026-07-30

### evidentiary hearing notice

Scope: courtwide

Use the court's procedure to determine, reasonably before a scheduled hearing, whether it will be an evidentiary hearing at which witnesses may testify.

Evidence excerpt: The court must provide procedures that allow parties-at a reasonable time before a scheduled hearing-to determine whether it will be an evidentiary hearing at which witnesses may testify.

[Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
Source checked: 2026-07-30

### evidence rules

Scope: courtwide

Prepare evidence under the Federal Rules of Evidence and Federal Rules of Civil Procedure 43, 44, and 44.1, which apply in bankruptcy cases.

Evidence excerpt: The Federal Rules of Evidence and Fed. R. Civ. P. 43, 44, and 44.1 apply in a bankruptcy case.

[Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
Source checked: 2026-07-30

### oath or affirmation

Scope: courtwide

A solemn affirmation may substitute when an oath is required. The national rule identifies the bankruptcy judge, clerk, deputy clerk, U.S. trustee, and other authorized officers as persons who may administer it.

Evidence excerpt: If an oath is required, a solemn affirmation suffices.

[Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
Source checked: 2026-07-30


## Sources

- [Official profile](https://www.sdd.uscourts.gov/content/attorney-newsletter-february-2023)
- [Official roster](https://www.sdd.uscourts.gov/content/attorney-newsletter-february-2023)
- [U.S. Bankruptcy Court for the District of South Dakota current judicial profile](https://www.courtlistener.com/person/8952/charles-l-nail-jr/)
- [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
- [Attorney Newsletter February 2022](https://www.sdd.uscourts.gov/content/attorney-newsletter-february-2022)
- [United States Bankruptcy Court, District of South Dakota](https://www.sdb.uscourts.gov/)
- [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
- [Attorney Newsletter February 2022](https://www.sdd.uscourts.gov/content/attorney-newsletter-february-2022)
- [United States Bankruptcy Court, District of South Dakota](https://www.sdb.uscourts.gov/)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8952/charles-l-nail-jr/)
- [Reappointment of Chief Bankruptcy Judge Charles L. Nail, Jr., and Request for Comment | District of South Dakota | United States Bankruptcy Court](https://www.sdb.uscourts.gov/news/reappointment-chief-bankruptcy-judge-charles-l-nail-jr-and-request-comment)
- [BR/MAG Judge Database: Charles L. Nail Jr.](https://legaldatalab.law.virginia.edu/brmag-judges/brmag-judges.json)
- [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
- [Attorney Newsletter February 2022](https://www.sdd.uscourts.gov/content/attorney-newsletter-february-2022)
- [United States Bankruptcy Court, District of South Dakota](https://www.sdb.uscourts.gov/)
- [insolvencyondemand.com](https://insolvencyondemand.com/speakers/charles-l-nail-jr)
- [www.sdb.uscourts.gov](https://www.sdb.uscourts.gov/news/judge-nail-says-farewell)
- [www.sdb.uscourts.gov](https://www.sdb.uscourts.gov/sites/sdb/files/Farewell%20Letter%20From%20Judge%20Nail%201-13-2023.pdf)
- [www.sdd.uscourts.gov](https://www.sdd.uscourts.gov/sites/sdd/files/Public%20Notice%20South%20Dakota%20Bankruptcy%20Judge%20Position.pdf)
- [www.sdb.uscourts.gov](https://www.sdb.uscourts.gov/sites/sdb/files/20231113update.pdf)
- [ballotpedia.org](https://ballotpedia.org/Charles_L._Nail,_Jr.)
- [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf)
- [Attorney Newsletter February 2022](https://www.sdd.uscourts.gov/content/attorney-newsletter-february-2022)
- [United States Bankruptcy Court, District of South Dakota](https://www.sdb.uscourts.gov/)

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