Weavers seek answers from Farm Credit

New discovery requests from Uncle Nearest founders come as questions over their individual liability remain unresolved

10:06 p.m. Nov. 12, 2026

DUANE CROSS
MCO Publisher•Editor

Fawn and Keith Weaver are seeking written answers and documents from Farm Credit Mid-America as the federal lawsuit that placed Uncle Nearest under receivership moves toward trial.

A two-page notice filed Thursday, Nov. 12, in U.S. District Court for the Eastern District of Tennessee confirms the Weavers served their first set of interrogatories and requests for production of documents on the lender. Memphis attorney Florence Johnson filed the notice on their behalf.

The filing comes less than three weeks after Farm Credit and Uncle Nearest's court-appointed receiver settled the whiskey company's negligence counterclaim against the lender. That agreement acknowledged nearly $129 million in corporate debt but did not separately resolve Farm Credit's claims involving the Weavers.

Dan Call Farm in Moore County is among the properties pledged as collateral for Uncle Nearest's loans. A separate question remains: whether Farm Credit can establish personal repayment obligations against either founder.

What Thursday's filing reveals

Interrogatories are written questions generally answered under oath. Requests for production seek documents and other relevant materials, subject to applicable objections and discovery rules.

Thursday's filing confirms the requests were served on Farm Credit's attorneys by email and U.S. mail. It does not include the questions or identify the documents being sought.

Discovery requests ordinarily are exchanged between attorneys without becoming part of the public court record. The resulting answers and documents could surface later in motions, testimony, or trial exhibits.

The notice contains no new allegations or findings of wrongdoing. Nor does it request a ruling from the judge.

Collateral and personal liability at issue

Farm Credit filed suit July 28, 2025, naming Uncle Nearest Inc., Nearest Green Distillery Inc., Uncle Nearest Real Estate Holdings LLC, and the Weavers as defendants.

The lender alleged defaults under a July 2022 credit agreement involving three borrowing facilities. Its original complaint sought damages for breach of contract and appointment of a receiver to protect property securing the loans.

Although both founders were named individually, the complaint does not expressly identify a personal guaranty obligating either Weaver to repay the full corporate debt.

The complaint instead details real estate pledged as collateral, including properties in Moore and Bedford counties.

According to Farm Credit, the Weavers executed a July 2022 deed of trust on Dan Call Farm, recorded in the Moore County Register of Deeds Office. The agreement granted Farm Credit a second-priority lien on the property.

A separate Farm Credit affiliate held the first-priority lien securing individual loans made to the couple.

The complaint also alleges Keith Weaver executed a June 2023 deed of trust granting Farm Credit a first-priority lien on the Eady Road property in Bedford County, adjacent to Nearest Green Distillery.

A deed of trust can secure corporate borrowing without making the property owner personally responsible for the entire debt. The scope of the Weavers' obligations remains disputed.

Keith Weaver raised that issue Sept. 16, filing a motion for judgment on the pleadings seeking dismissal from the lawsuit in his individual capacity.

His attorneys argued that the complaint identified his corporate position and participation in a collateral transaction but did not allege that he personally guaranteed the loans, received loan proceeds for himself, or committed an independently actionable wrong. They maintained that signing a deed of trust did not make him personally responsible for the company's debt. The court has not ruled on his motion.

Fawn Weaver filed a separate dismissal motion the same day, arguing that Farm Credit had named her individually without stating a legally sufficient claim against her. Her attorneys contended she had not personally guaranteed the loans or undertaken a separate contractual obligation to the lender.

She sought to withdraw that motion Sept. 24, arguing that no response had been filed and withdrawal would cause neither prejudice nor delay. The filing did not explain why she chose not to pursue the motion.

Nearly $129 million acknowledged

When Farm Credit filed its lawsuit, it alleged Uncle Nearest owed approximately $108.25 million in principal and interest across three borrowing facilities. The lender cited missed payments, financial reporting failures, and inflated collateral values, including an alleged $21 million overstatement involving inventory and accounts supporting a revolving loan.

U.S. District Judge Charles E. Atchley Jr. appointed Phillip G. Young Jr. as receiver Aug. 22, 2025, giving him control over the company's operations, finances, and major business decisions.

The Weavers have challenged the receivership, arguing against continued outside control of the business they founded. Fawn Weaver's appeal of a May ruling maintaining the receivership is before the U.S. Court of Appeals for the Sixth Circuit.

On July 7, Young filed a counterclaim accusing Farm Credit of negligence and gross negligence in administering Uncle Nearest's loans, alleging the lender's failures helped enable financial misconduct attributed to former Chief Financial Officer Michael Senzaki. Farm Credit disputed the allegations and sought dismissal.

Rather than continue litigating the counterclaim, the lender and receiver negotiated a settlement providing for a debt reduction in exchange for dismissal of the company's claims.

The agreement, filed Oct. 23, acknowledged that Uncle Nearest Inc., Nearest Green Distillery Inc., and Uncle Nearest Real Estate Holdings LLC owed Farm Credit at least $128,986,499.89 as of Oct. 20. The figure included attorneys' fees through Sept. 30, with additional interest, fees, and other obligations potentially increasing the amount.

Farm Credit agreed to a debt reduction but did not disclose its value. The agreement also left unclear whether the acknowledged $128.99 million liability was calculated before or after that reduction, making the final balance impossible to determine from the filing.

Neither side admitted liability arising from the negligence counterclaim. Atchley approved its dismissal with prejudice Oct. 26, preventing those same corporate claims from being brought again.

The settlement did not separately resolve Farm Credit's claims involving Fawn and Keith Weaver. Their discovery requests provide an opportunity to obtain evidence directly from the lender as they continue defending themselves.

Receiver pursues sale as litigation continues

The latest filing comes as Young continues efforts to sell substantially all of Uncle Nearest's assets. The receiver has cited continuing operating losses, financial pressure, and concerns that prolonged uncertainty could further erode the company's value.

In October, Young reported negotiations with three prospective buyers but had not secured a signed purchase agreement.

Fawn Weaver sought an injunction preventing a sale from closing while her receivership appeal proceeds. Atchley denied that request Oct. 23, allowing Young to continue pursuing buyers. Any proposed sale would still require court approval.

A sale could reshape Uncle Nearest's financial future without necessarily resolving Farm Credit's claims against its founders or its rights to the pledged properties.

Discovery is scheduled to close April 20, 2027, with a bench trial set to begin Oct. 26 in Chattanooga.