The Uncle Nearest Lawsuit: Everything You Need To Know

|Benjamin Smith
The Uncle Nearest Lawsuit: Everything You Need To Know

A multi-million dollar lawsuit has been filed against Uncle Nearest, Inc., and its founders, Fawn and Keith Weaver. The lawsuit, filed by primary lender Farm Credit Mid-America, alleges that Uncle Nearest has defaulted on over $100 million in loans and misused company funds. Uncle Nearest Whiskey is one of the best known black-owned liquor brands in the country. The suit is seeking the appointment of a receiver to take over management of the company, a move the lender says is necessary to protect its collateral and rights.

The Lawsuit Against Uncle Nearest

The lawsuit, filed in the U.S. District Court for the Eastern District of Tennessee on July 28, 2025, names Uncle Nearest, its Nearest Green Distillery, and co-founders Fawn and Keith Weaver as defendants. Farm Credit Mid-America claims the company has been in default on its loans since as early as January 2024. The lender alleges Uncle Nearest owes more than $108 million across several loans, including revolving, term, and real estate lines of credit.

The lawsuit claims that Uncle Nearest secured loans by overstating its barrel inventory values by $21 million. It further alleges that the company then sold off these whiskey barrels, which were collateral for the loans, to pay off other debts rather than repaying the lender. The brand is also accused of selling "discounted future revenue streams" without informing Farm Credit Mid-America, thus reducing the value of the lender's collateral.

Another point of contention is the purchase of a property on Martha's Vineyard. The lawsuit claims that loan proceeds were used to purchase the $2.2 million home through a separate LLC, UN HOUSE MV LLC, which then mortgaged the property to a different lender. Farm Credit Mid-America alleges this action violated the original loan agreements. The lender has requested the court to appoint a receiver, Kevin Larin, to take over managerial control of the company.

Fawn and Keith Weaver.

Uncle Nearest's Response

Uncle Nearest Premium Whiskey was founded in 2017 and was named after Nathan "Nearest" Green, America’s first black master distiller. The award-winning black-owned whiskey brand called the allegations against them "salacious and inaccurate" in an August 3 legal filing, according to Kentucky's Lexington Herald-Leader newspaper. The company is pushing back against the appointment of a receiver, arguing that the lender was aware of the circumstances that led to the technical default, a situation they say they were already working with Farm Credit Mid-America to amicably resolve.

The Weavers place much of the blame with their former chief financial officer, Michael Senzaki. In legal filings, Fawn Weaver stated under oath that Senzaki was the sole point of contact for reporting whiskey barrel inventory levels and that she and other executives were unaware of the inflated numbers, according to Tennessee's The Lynchburg Times newspaper. Uncle Nearest claims they have launched an internal investigation and are considering legal action against Senzaki, who was fired from the company in 2024.

Uncle Nearest maintains that Farm Credit Mid-America was aware of the purchase of the Martha's Vineyard property and that executives from the lending company attended an event at the home in 2023. The company’s legal filings argue that the lender "acquiesced to" the circumstances it is now claiming support a receivership. The company states it made significant payments to the lender in 2024 and 2025 and that the temporary pause in payments was mutually agreed upon during restructuring talks.

On social media, Fawn Weaver launched an "Operation Clear the Shelves" campaign, urging consumers to buy Uncle Nearest products to demonstrate the brand's strength and success. Following the company’s legal filings, Weaver posted a defiant Instagram video, saying, “I trust the truth will now get just as much attention on social media and in the press as the intentional misleadings and hit pieces.” 

Farm Credit Mid-America's Receiver Hearing, August 7, 2025

At a hearing at the U.S. District Court for the Eastern District of Tennessee on August 7th, Judge Charles Atchley Jr. heard arguments regarding Farm Credit Mid-America's request to appoint a receiver for Uncle Nearest. Nearest Green attorney Rocklan King affirmed the company had defaulted on their loans and had even discussed filing for bankruptcy but noted the Weavers were commited to repaying their loans without losing control of the brand. Keith Weaver testified, “Losing Fawn Weaver will injure the company–100%.” The Tullahoma News of Tennessee reported that, according to her husband, Mrs. Weaver was absent from the proceedings to handle business in Florida.

“It looks like you’re out over your skis,” said Judge Atchley regarding Uncle Nearest, Inc.’s financial woes, according to the Tullahoma News. In addition to their request to appoint a receiver, Farm Credit Mid-America asked for an order to protect their collateral supply of whiskey barrels and for a partial gag order following Fawn Weaver's socal media posts. Atchley agreed to an order preventing the sale of the whiskey reserves but was hesitant to issue a gag order, fearful of its First Amendment implications. The judge did not immediately rule on the request for a receiver but promised his decision would be announced in the coming days.

Judge Atchley Issues Gag Order, August 11, 2025

On the morning of August 11, 2025, Judge Atchley agreed to Farm Credit Mid-America's request for a gag order for all parites regarding their suit against Uncle Nearest, Inc. "The parties, including each of their representatives, officers, and directors, SHALL refrain from making any statement through any medium, whether oral or written, including, without limitation, social media posts or statements to the press, regarding these proceedings, the Lender’s Collateral, the proposed Receivership Assets, or any other party to these proceedings without the permission and approval of this Court until the Court has ruled on the Receiver Motion.,” directed the judge in his ruling, as per the Tullahoma News.

Judge Atchley Orders Receivership For Uncle Nearest, August 14, 2025

On August 14, 2025, Judge Atchley announced he had reached a decision. He ordered a receiver be appointed to run Uncle Nearest Premium Whiskey and its related businesses, as requested by Farm Credit Mid-America. While the decision removes Keith and Fawn Weaver from a controlling interest in the company, Farm Credit signaled it was not averse to Mrs. Weaver remaining a part of the brand in some capacity.

In his decision, Judge Atchley wrote, “the court can craft a receivership order that still allows the Weavers to market Uncle Nearest and further build the brand. By keeping the Weavers involved in this way, they could mitigate any potential brand damage that a receivership might entail,” according to the Lexington Herald-Leader.

Mediation Bid Rejected, August 21, 2025

Following Judge Atchley’s order for a receiver to be appointed, Fawn Weaver filed a response in the hopes of maintaining control over the Uncle Nearest brand. “Uncle Nearest, together with a group of high-net-worth and well-funded investors represented by Holland & Knight LLP, has made multiple, good faith attempts over the past month to pursue a commercial resolution of the claims in this case,” the response said, according to the Lexington Herald-Leader.

Farm Credit Mid-America disputed the Weavers’ version of events, arguing that the failed negotiations of the previous year had exhausted the possibility of a settlement. They also expressed alarm over Fawn Weaver’s continued social media posts referencing the ongoing court case, despite the standing gag order. Judge Atchley called Weaver’s actions "troubling," according to the Herald-Leader. In a ruling on August 21, 2025, Atchley denied Weaver's mediation request.

Uncle Nearest Receiver Appointed, August 22, 2025

On August 22, 2025, Judge Atchley appointed Tennessee attorney Phillip G. Young, Jr. as the receiver of Uncle Nearest Premium Whiskey and the Nearest Green Distillery. According to the Tullahoma News, Young, a partner at Thompson Burton, PLLC, was the preferred candidate of Fawn and Keith Weaver. In his ruling, Judge Atchley stated, “The Court chose Mr. Young based on his extensive restructuring and bankruptcy experience, including regularly serving as a receiver.”

Phillip G. Young. Photograph courtesy of Thompson Burton, PLLC.

As receiver, Young has full control over all business operations and finances for Uncle Nearest and its related entities. His primary duty is to manage and preserve the value of the company's assets for the benefit of creditors. As specifically outlined in the court order, Fawn and Keith Weaver "may continue to market Uncle Nearest products and manage the Uncle Nearest brand, subject to the receiver's supervision."

Receiver Seeks Clarity on Weavers' Assets, September 12, 2025

The Lexington Herald-Leader reported on September 16, 2025, that receiver Phillip G. Young had filed a motion with Judge Atchley, asking for “clarification” regarding assets that "appear to be somewhat related to Uncle Nearest Inc." The motion was filed after an investigation of financial records revealed a number of entities and assets that may fall under the receivership. This includes the Weavers' 2023 purchase of a French cognac distillery (Domaine Saint Martin) and their house in Martha's Vineyard, purchases that were questioned by Farm Credit Mid-America in their initial lawsuit.

The receiver's filing on September 12, 2025, indicate that Newpoint Advisors Corporation, a firm specializing in bankruptcy and corporate restructuring, has been hired as a financial consultant. Other firms have been hired to serve as an operational consultant, an alcoholic beverage counsel, and legal counsel in France and Massachusetts. The receiver expects the Weavers to argue that these assets should be outside the scope of the receivership and is therefore seeking the court's guidance on the matter.

The Weavers have yet to file a response to Young’s motion; however, Fawn Weaver remains confident of her ultimate victory in the proceedings. In a video posted to Instagram on September 16, Weaver said, “I am honored that God trusted me to do something so remarkable with the world watching and some judging,” before imploring her followers to act as grassroots sales reps: purchasing bottles of Uncle Nearest whiskey and asking liquor store owners to order more and feature it prominently on their shelves.

Receiver's Initial Report and Cost-Cutting Measures, October 1, 2025

Court-appointed receiver Phillip G. Young, Jr., filed his first quarterly report on October 1, 2025, providing a formal assessment of Uncle Nearest's financial stability under the receivership. According to the Lexington Herald-Leader, the report confirmed that Farm Credit Mid-America, the primary lender, has agreed to inject $2.5 million in short-term funding to cover overdue bills and professional fees, demonstrating an effort to stabilize the company. 12 employees have been laid off as part of the cost-cutting efforts. Young also indicated that non-income-producing properties are expected to be sold within the next quarter, with the goal of concluding the entire receivership process by mid-2026 through either refinancing the debt or selling the company.

Despite these stabilizing actions, the legal battle over the company's full scope is intensifying. According to The Tullahoma News, Farm Credit Mid-America filed a motion on September 25, 2025, supporting the receiver's request to expand the receivership to include at least 11 additional entities controlled by Fawn and Keith Weaver, arguing that the businesses have engaged in extensive financial "co-mingling."

On the public relations front, Fawn Weaver continued to discuss the ongoing litigation on social media. An Instagram post from October 1, 2025, asserts the "GAG ORDER IS OFF," despite the fact that the court's official August 11, 2025, order—which restricts public statements about the proceedings—is not shown to be formally rescinded on the court docket. In the accompanying video, Weaver addresses what she calls the "unconfirmed, unvetted headlines" regarding her actions and the company's status. She also states that bankruptcy or liquidation are "not on the table," in an attempt to reassure the market and Uncle Nearest customers of the brand's long-term viability.

Agreed Order to Stay Issued, October 29, 2025

On October 29, 2025, Judge Charles E. Atchley Jr. signed an Agreed Order Staying Proceedings, which temporarily halted the receivership from expanding its control over Fawn and Keith Weaver's ancillary businesses. These include such entities as the Humble Baron bar, Barrelhouse BBQ, and the investment company Grant Sidney Inc. According to Tennessee's Bedford County Post newspaper, while the order excludes these companies from the receivership for now, it mandates that they supply receiver Phillip G. Young, Jr. with two years of bank statements and financial documents for review.

Barrelhouse BBQ at the Nearest Green Distillery, Shelbyville, TN.

Emergency Motion to Lift Stay and Response, November 24–26, 2025

On November 24, 2025, Fawn and Keith Weaver filed an Emergency Motion for Limited Relief from the Receivership Stay. The founders sought to lift the litigation stay to allow the company to file responsive pleadings and defenses against the original lawsuit by Farm Credit Mid-America. In their filing, the Weavers argued that the current receivership process was causing "irreversible damage" to the brand’s competitive position.

Receiver Phillip G. Young, Jr. filed a sharply worded response on November 26, 2025, arguing that to allow the Weavers to re-ignite the initial legal battle would be "extremely disruptive and damaging," noting that Uncle Nearest is still entirely reliant on funding from Farm Credit Mid-America. He also reiterated that while he is evaluating a potential sale or refinance, a Chapter 11 bankruptcy filing remains a viable tool in his "toolkit" for reorganization if a consensual resolution cannot be reached.

Judge Ratifies Authority Of Receiveship, December 22, 2025

On December 22, 2025, Judge Charles E. Atchley Jr. issued a ruling consolidating Receiver Phillip G. Young, Jr.’s control over Uncle Nearest, Inc. As reported by The Lynchburg Times, the judge threw out several legal responses filed independently by Fawn and Keith Weaver, ruling they no longer have the authority to act or hire private lawyers to represent the company in court. The ruling clarified that while the company's assets are protected from outside creditors, the original lawsuit brought by Farm Credit Mid-America will continue to move forward under the Receiver’s supervision. By dismissing the Weavers' recent "emergency" requests, the court effectively ended their attempts to run a separate legal strategy and reaffirmed that only the Receiver can make major decisions for the brand’s future.

In the meantime, Phillip G. Young, Jr. is continuing his efforts to sell off non-core assets, including the French Cognac distillery and the Weaver’s Martha’s Vineyard estate. Despite reported strong interest, as of late December no final sales have been completed or approved by the court. The next milestone for the case is January 30, 2026, when Judge Atchley has ordered the lender, the Receiver, and the founders to convene and create a formal schedule for the rest of the lawsuit and determine how it will proceed throughout 2026.

Judge Charles E. Atchley Jr. Photograph courtesy of the Knoxville Bar Association

Motion to Remove the Receiver, December 23, 2025

On December 23, 2024, Fawn and Keith Weaver filed a 72-page motion with the U.S. District Court for the Eastern District of Tennessee, as reported by Tennessee's Moore County Observer newspaper. The motion asks Judge Charles E. Atchley Jr. to end the receivership and return control of Uncle Nearest to its board. The Weavers argue that the claims of insolvency and fraud which triggered the initial lawsuit have been disproven by the Receiver’s own findings, which showed the company has enough assets to cover its debts. They also claim that under Receiver Phillip G. Young, Jr., the brand's reputation has suffered and retail sales have fallen. The founders are asking the judge to stop any potential sale of the company, arguing that the business is healthy enough to resolve its debts without such extreme measures. Due to the holiday season, the court gave Receiver Phillip G. Young, Jr. and lender Farm Credit Mid-America until January 13, 2026, to file their official responses to this request.

Fraud Lawsuit Against Former CFO, December 29, 2025

In a separate legal move, the Weavers filed a lawsuit in Bedford County Chancery Court on December 29, 2025, against the company’s former CFO, Michael Senzaki, and his firm. According to The Lynchburg Times, the lawsuit accuses Senzaki of a long-running scheme to manipulate the company’s financial records, forge documents, and hide millions of dollars in unpaid bills from the founders. The Weavers allege that Senzaki’s actions created a "false narrative" that they were responsible for the company's debt, which they claim led to the lender’s lawsuit and the loss of millions in funding for Keith Weaver’s other business ventures. By filing this case, the Weavers are attempting to legally prove that the financial defaults were the result of internal fraud by a former executive rather than mismanagement by the founders.

Potential Buyer Emerges, January 8, 2026

On January 8, 2026, an investor group called NexGen2780, LP filed a letter with the court expressing a formal interest in buying Uncle Nearest and paying off its $108 million debt to Farm Credit Mid-America. According to The Lexington Herald-Leader, general partner Walter Miles stated in the letter that the ongoing legal battle is hurting the brand’s value and that a quick sale would be the best solution to prevent further losses. NexGen2780 claims it first contacted Receiver Phillip G. Young, Jr. in October 2025 and filed its letter of intent publicly to ensure the court was aware of its interest.

Motion to Seal Financial Reports, January 13, 2026

On January 13, 2026, Receiver Phillip G. Young, Jr. asked the judge for permission to keep his latest financial reports private by filing them "under seal" on The Receiver argued that making these details public could ruin sensitive negotiations to either sell or refinance the company. According to the Moore County Observer, Young warned that the brand is at a "critical juncture" and that the revelation of specific deal terms or interested parties could lower the company's value. While the public will not see these specific reports, the Receiver confirmed that the founders and the lender will still have full access to the information.

Disclosure of Additional Debt, January 15, 2026

On January 15, 2026, the Moore County Observer reported that it had been shown internal records revealing that Uncle Nearest, Inc. had "millions in additional debt not included in the lawsuit." These records detailed overdue payments to a wide range of suppliers and vendors, with some accounts reportedly past due since 2021. The most significant individual obligation identified was a $1.24 million debt owed to the Tennessee Distilling Group, which included unpaid taxes and escrow. Beyond these vendor bills, court records show that multiple other lenders have filed legal claims, known as "UCC liens," against the company’s equipment, inventory, and trademarks, indicating that the financial strain on the brand is much broader than the initial bank dispute.

Emergency Motion to End Receivership, January 20, 2026

On January 20, 2026, Fawn and Keith Weaver filed an emergency motion asking the court to immediately reconsider and terminate the receivership. The founders argue that the court-ordered oversight has caused a "precipitous decline" in sales, claiming that the brand is now underperforming the broader whiskey market by 18.3 percentage points—a sharp reversal from its record growth before the Receiver took control. According to The Lynchburg Times, the motion alleges that the receivership has damaged distributor confidence and led to widespread product shortages during key selling periods. The Weavers are asking Judge Charles E. Atchley Jr. for an expedited, multi-day hearing to prove the company is solvent and should be returned to their control. Alternatively, they have requested that the Receiver's role be limited to a "monitor" while restoring day-to-day operations to the company’s original leadership.

All other photographs courtesy of Uncle Nearest Premium Whiskey.

6 comments

The company will eventually be sold off. Miss Green has gone viral today in a video where she humiliated a black man who asked her if she remembered him from the 7th grade. After seeing that video many have sworn off ever buying that brand again.

dan rowan

I’m pulling for a positive outcome in Uncle Nearest’s favor

Vincent Conklin

I’m rooting for Uncle Nearest let the brand be victorious!

Shelly Thompson

I’m rooting for Uncle Nearest let the brand be victorious!

Shelly Thompson

As a LP Investor in Uncle Nearest, I am very scared to learn what may become of my initial investment.

UN Investor

I must say this was a very interesting read. I am looking forward to finding out in detail what is truly going on.

Michael Bryant Sr

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