Receiver seeks sanctions against Weaver

5:55 p.m. March 23, 2026

DUANE CROSS
MCO Publisher•Editor

The court-appointed receiver in the Uncle Nearest case asked a federal judge Monday to sanction Fawn Weaver, arguing the bankruptcy court has already made clear she had no authority to place receivership entities into Chapter 11. In a separate filing, he also updated the court on the limited pool of appraisers available to value a Martha’s Vineyard property tied to the estate.

Receiver Phillip G. Young Jr. argued in his sanctions filing that the bankruptcy court’s dismissal order settled the central issue. According to Young, the ruling made clear that he alone held decision-making authority for the affected companies, including the power to file bankruptcy petitions. He says that leaves Weaver without a valid claim that she acted lawfully or in good faith when she filed the petitions.

• Motion for Sanctions | Martha's Vineyards Appraisers

Receiver Seeks Broader Sanctions

The receiver says the dispute did not end with the bankruptcy filings themselves.

In Monday’s filing, Young alleges Weaver promoted the bankruptcy filings through a press release, a six-minute social media video, and text messages to employees saying the receivership had ended and that she had resumed control. He says she later sent another text to employees announcing she had appealed the bankruptcy court’s dismissal.

Young says those messages created confusion across the business. According to the filing, the receivership fielded dozens of follow-up inquiries from employees, creditors, vendors, shareholders, distributors, and prospective buyers seeking to determine who was in charge.

He says at least two potential asset purchasers sought assurances that he could still deliver clear title, and that one buyer paused work on a transaction because of the uncertainty. He also says at least five senior employees expressed confusion about whose directions to follow, while one employee resigned, citing “whiplash” from the conflicting messages. The filing further alleges distributor payments were delayed while business partners sought clarity.

Citing that fallout, the receiver is asking for more than monetary sanctions.

Young wants U.S. District Judge Charles E. Atchley Jr. to bar Fawn Weaver, Keith Weaver, and Grant Sidney from publicly discussing the receivership on social media, with the media, or with employees, vendors, distributors, creditors, investors, and shareholders. He argues that only such restrictions will allow him to carry out the court’s receivership order without further disruption.

The filing also points to earlier friction in the case. Young says the court has repeatedly warned Weaver about using social media in connection with the litigation. He also notes that earlier pleadings filed by Fawn and Keith Weaver on behalf of Uncle Nearest entities were struck. Taken together, he argues, that history supports a finding of bad faith.

Appraisal Pool on Martha’s Vineyard is Thin

A separate filing Monday dealt with a more practical issue: valuing the Martha’s Vineyard property that remains part of the receivership estate.

In that notice, Young told the court it was difficult to identify five appraisers who routinely work on Martha’s Vineyard because most of that work is handled by only two or three people, according to Jennifer DaSilva of Compass Realtors in Edgartown.

Even so, the receiver supplied the court with five names.

According to the filing, Jeffrey Ciciora of Munsell Appraisal Service has worked full-time on Martha’s Vineyard appraisals since 1998 and, along with Bill Cleary, performs about 90% of the island’s appraisals. But when contacted about the assignment, the filing says Ciciora asked whether it involved the property “with the lawsuits,” declined to provide a timeline, and indicated he might be unwilling to take the job.

Bill Cleary of Martha’s Vineyard Real Estate Appraisers told the receiver he could complete an appraisal in 21 to 28 days, according to the filing. Young described Cleary’s firm as the first real estate appraisal company established on Martha’s Vineyard and said Cleary has been appraising there since 2004, with experience in residential, commercial, and land-use properties.

A third appraiser, Matthew Bellas of Bellas Appraisal Service, may be able to move more quickly. The filing says Bellas has 23 years of appraisal experience, including 10 years on Martha’s Vineyard, and that he appraised the property within the last month for the lender representing the proposed buyers. Because of that recent work, Young says Bellas indicated he could provide an updated appraisal within 14 days.

The remaining two names were uncertain. Harlan Gibbs, identified in the filing as a certified appraiser who has worked on Martha’s Vineyard real estate since 1975, did not return a call about timing. Shirley Medeiros, a longtime appraiser, has recently retired, and the receiver said it is unclear whether she would be willing to accept a court-related assignment.

Judge Atchley must now decide whether the receiver’s request warrants sanctions, renewed speech limits, or both.