Uncle Nearest trial date set for October 2027

Farm Credit alleges more than $108M was owed when it sued Uncle Nearest, related companies, and founders

9:15 a.m. Aug. 1, 2026

DUANE CROSS
MCO Publisher•Editor

The federal lawsuit against Uncle Nearest has a trial date. Getting there will take more than a year of records, testimony, expert reports, and court motions.

U.S. District Judge Charles E. Atchley Jr. has set the case for trial beginning Oct. 26, 2027, in Chattanooga. The trial, which will be heard by the judge rather than a jury, is expected to last five to seven days.

The July 29 scheduling order does not settle the claims. It gives both sides deadlines to gather evidence, question witnesses, and ask the judge to decide all or part of the case before trial.

Lender: More than $108 million was owed

Farm Credit Mid-America filed the lawsuit July 28, 2025, against Uncle Nearest, two related companies, and founders Fawn and Keith Weaver.

The lender accused the defendants of failing to meet the terms of their loan agreements. It asked the court to award damages and appoint a receiver to take control of the companies and protect property tied to the debt.

According to the complaint, Farm Credit provided three main loans: a revolving loan, a term loan, and a real estate line of credit used to help build out the Nearest Green Distillery.

Farm Credit claimed Uncle Nearest owed about $108.25 million in principal and interest when the lawsuit was filed. That included about $69.3 million on the revolving loan, $23.3 million on the term loan, and $15.7 million on the real estate line of credit. The lender also sought fees, legal costs, and other expenses.

Those figures and the other claims in the complaint are allegations. They have not been proven at trial.

Farm Credit alleged Uncle Nearest missed principal and interest payments, failed to turn over required financial reports, and overstated the value of property backing the loans.

The lender said Uncle Nearest overstated the value of the inventory and accounts backing its revolving loan by about $21 million. Farm Credit claimed that left the company owing an immediate payment that it did not make.

The complaint also alleged that part of a $2.3 million loan was used to buy a home on Martha’s Vineyard through a company that was not part of the lending agreement. Farm Credit said the property was later mortgaged to another lender.

Other allegations included selling future revenue at a discount, selling whiskey barrels to raise cash, missing reporting deadlines, and failing to meet required income, net worth, and cash levels.

Farm Credit said the companies had been in default since at least January 2024. The lender also claimed months of notices and talks failed to produce a lasting solution.

Evidence gathering runs through April

The first deadline under the new schedule arrives Sept. 1, when both sides must exchange basic information about their cases.

That step usually includes the names of people who may have useful information, records that could be used as evidence, and details about any claimed damages.

Motions asking the judge to rule based on the formal claims and responses already filed are due Sept. 15.

Farm Credit must identify its expert witnesses by Feb. 9, 2027. The defendants’ expert reports are due March 9, and final witness lists must be filed by March 23.

All discovery must be completed by April 20.

Discovery is the evidence-gathering stage of a lawsuit. It may include depositions, written questions, requests for records, and requests for each side to admit or deny certain facts.

The sides may continue sharing information after April 20, but they will be on their own if a new dispute breaks out. The court said it will not step into discovery fights after the deadline.

The case could change before trial

The lawsuit could shrink – or end – before the October trial date arrives.

Motions for summary judgment are due May 18, 2027. Those motions ask the judge to decide all or part of the case without a trial because the key facts are not in dispute or the law favors one side.

Motions seeking to block expert testimony are due the same day.

Judge Atchley warned that late motions may be denied. He also said the May deadline will not be extended without extraordinary circumstances.

The parties must exchange their final trial information by Sept. 7, 2027. Motions asking the judge to limit certain evidence are due Sept. 14.

Both sides must file short pretrial briefs by Oct. 5. Those briefs will outline each side’s case, the law it believes applies, and what it expects the evidence to show.

A final pretrial conference is set for 3 p.m. Oct. 11 in Chattanooga. All lawyers who plan to take part in the trial must attend in person.

Settlement remains on the table

The court also ordered the parties to discuss federal mediation.

Mediation would give both sides a chance to reach a settlement with help from a neutral third party. Neither side would be forced to accept a deal.

A settlement, dismissal, or earlier ruling could still keep the case from reaching trial.

For now, both sides must begin laying their evidence on the table. The first required exchange is due Sept. 1.