--- title: "John E. Waites | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/john-e-waites-8951" page_type: "judge_profile" updated: "2026-10-07" --- # John E. Waites U.S. Bankruptcy Court for the District of South Carolina · U.S. Bankruptcy Judge ## Profile - Court: U.S. Bankruptcy Court for the District of South Carolina - State: South Carolina - Role: U.S. Bankruptcy Judge - Service status: former - Last verified: 2026-06-30 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - Judge Waites has taught as an adjunct professor of law since 2008 at the University of South Carolina School of Law, and since 2010 at the Charleston School of Law - Judge, United States Bankruptcy Court, D. South Carolina, 1994-present - U.S. Bankruptcy Judge, District of South Carolina, June 27, 1994-June 26, 2022 - John E. Waites held the role of a United States Bankruptcy Judge for the District of South Carolina from June 27, 1994, to June 26, 2022, and is now retired - He also previously held the role of Chief Judge of the court, a role he held until March 1, 2013, when David R. Duncan succeeded him - Prior to his appointment to the bench, Judge Waites served as the estate administrator of the United States bankruptcy court, District of South Carolina from 1984 to 1987. - Official court resources and some of his practice guides remain available for reference - He last practiced bankruptcy law as a partner at Nexsen, Pruet, Jacobs and Pollard ### Education - University of South Carolina — J.D. ### Additional information - In a 2025 oral history interview, Waites recounted his path to law, his early career in bankruptcy, and his judicial philosophy, as well as his favorite cases and public service initiatives during his tenure - Appointed to the U.S. Bankruptcy Court for the District of South Carolina in 1994 and served two terms, retiring in 2022 after 28 years on the bench. - Joined the court in June of 1994. - He then worked as the U.S. Trustee for the 4th Judicial Circuit and District of Columbia from 1987 to 1992. ## 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.courtlistener.com/person/8951/john-e-waites/) - [Official roster](https://www.courtlistener.com/person/8951/john-e-waites/) - [U.S. Bankruptcy Court for the District of South Carolina current judicial profile](https://www.courtlistener.com/person/8951/john-e-waites/) - [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8951/john-e-waites/) - [Hon. John E. Waites, retired | District of South Carolina | United States Bankruptcy Court](https://www.scb.uscourts.gov/hon-john-e-waites-retired) - [John E. Waites - Ballotpedia](https://ballotpedia.org/John_E._Waites) - [Hon. John E. Waites, retired](https://www.scb.uscourts.gov/node/4432) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8951/john-e-waites/) - [Hon. John E. Waites, retired | District of South Carolina | United States Bankruptcy Court](https://www.scb.uscourts.gov/hon-john-e-waites-retired) - [John E. Waites - Ballotpedia](https://ballotpedia.org/John_E._Waites) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/john-e-waites-8951", "url": "https://knowjudges.com/kyj/judge/john-e-waites-8951", "name": "John E. Waites | KnowJudges", "description": "John E. Waites, U.S. Bankruptcy Court for the District of South Carolina. 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