John E. Waites
How Judge Waites rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Waites no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Waites decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 11 plan that satisfies the applicable confirmation requirements can overcome a secured creditor's objection.
“First Citizens’ objection to confirmation is overruled. The Court further finds that the Plan meets all applicable requirements of § 1129(a) and (b) and should be confirmed.”
State-law exemption text controlled whether the full cash surrender value of a life-insurance policy remained protected.
“the Trustee’s Objection to Exemption is overruled and Debtor’s claim for an exemption under § 36-63-40(A) for the entire cash surrender value of the Policy is allowed.”
Procedural preferences
Protective relief may restrict public dissemination without deciding the permissible scope of a deposition in advance.
“Kennerty’s Motion is denied without prejudice as to his request for an order limiting the scope of the deposition testimony.”
Cautions
A junior mortgage cannot be stripped when the property's value leaves the junior creditor with a secured interest.
“§ 1322(b)(2) does not permit Debtors to strip off or avoid Suntrust’s lien.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“First Citizens’ objection to confirmation is overruled. The Court further finds that the Plan meets all applicable requirements of § 1129(a) and (b) and should be confirmed.”
“IT IS ORDERED THAT the Motions are denied.”
“it is in the best interests of the creditors and the estate to grant First Palmetto’s Motion to Dismiss. THEREFORE, IT IS HEREBY ORDERED that the Chapter 11 case be and hereby is dismissed.”
“conversion does not appear warranted considering the present real estate market and the costs, time, and effort associated the appointment and acclimation of a trustee.”
“Kennerty’s Motion is granted with respect to his request for a protective order prohibiting the public disclosure of Kennerty’s deposition transcript”
“Kennerty’s Motion is denied without prejudice as to his request for an order limiting the scope of the deposition testimony.”
“the Objection to Confirmation filed by Hott Cars and joined by the Trustee is overruled.”
“Suntrust’s Objection to Confirmation is hereby sustained.”
“§ 1322(b)(2) does not permit Debtors to strip off or avoid Suntrust’s lien.”
“BNC is the successful credit bidder for the purchase of the BNC Collateral, pursuant to 11 U.S.C. § 363(k); AFG is the successful credit bidder for the purchase of the AFG Collateral, pursuant to 11 U.S.C. § 363(k)”
“The Trustee is authorized to proceed with the closing of the sale of the BNC Collateral to BNC and the sale of the AFG Collateral to AFG”
The court imposed a coercive daily civil-contempt sanction after repeated failures to redact private identifiers and comply with correction orders.
“IT IS HEREBY ORDERED THAT the Debtor’s Motion to Dismiss is DENIED.”
“Based on the foregoing, Debtor’s Motion is denied without prejudice.”
“the Renewed Motion for Summary Judgment (‘Renewed Motion’) filed by Wachovia Securities, LLC and First Clearing, LLC (‘Defendants’), is granted in part and denied in part.”
“Financial Freedom’s Objection to Confirmation is overruled and its Motion to Modify Stay is denied.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated; durations ranged from 113 to 207 days, with a median of 151 days.
A historical record
Judge Waites no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.