BREAKING: Uncle Nearest Insolvent, Sale Likely by June 30
Uncle Nearest Inc. "is insolvent (and) would be forced to cease operations within 30 days without continued cash infusions by" its principal lender, the Federal court overseeing the company's receivership was told. "Cessation of busienss would cause the loss of nearly 70 jobs and the
Uncle Nearest Inc. "is insolvent (and) would be forced to cease operations within 30 days without continued cash infusions by" its principal lender, the Federal court overseeing the company's receivership was told. "Cessation of busienss would cause the loss of nearly 70 jobs and the disappearance of a brand with significant social and cultural value," Philip G. Young Jr., the court-appointed receiver, told the court in a report detailing his activities to attempt to save the business.
Young "continues to believe that the Company’s business and brand have a future," the report says. "In order to maximize that value, the Receiver believes that all non-essential, non-income producing assets must be liquidated as soon as possible, and a sale of the Company as a going concern must be completed by no later than the second quarter of 2026."
Revenue collections were down significantly when the Receiver assumed control of the company, Young said.
"The distress of the spirits market as a whole, the reduction of worldwide demand for alcohol, and the impact of tariffs on international sales continue to depress sales," Young said, adding that "litigation such as this always has a negative impact on sales as a company's employees, vendors and business partners grow concerned about the long-term viability of a company in receivership."
In addition, he blamed Uncle Nearest founders Fawn Weaver and her husband, Keith, for further damaging the value of the brand with lawsuits filed in Federal district and bankruptcy count in Tennessee as well as Tennessee and New York State Courts.
The receiver has sought to sell property on Martha's Vineyard, and despite a legal challenge by Fawn Weaver and her husband, which was rejected by the court, "the buyers remain committed to closing this transaction." The receiver is also working to sell property in Cognac, France, and has conference calls scheduled within the next two weeks with parties expressing serious interest in the property.
There has been no interest in refinancing the company's debts, but there has been interest in purchasing the company's assets. Young hopes to have a stalking horse bid in place by the end of April. The stalking horse bid represents the minimum; someone else could bid higher, but if there isn't a higher bid the stalking horse will take the property.
In the most recent quarter, Uncle Nearest had operating collections of $5,003,695 and operating disbursements of $3,463,872, which would suggest the company can be profitable. But the company also incurred receivership professional fees totaling $1,658,865 which included significant legal expenses arising from lawsuits filed by Fawn and Keith Weaver, the founders, and Grant Sidney, one of several related firms they controlled, as well a reconciliation of prior year TTB liquor tax filings and operational tax reports that the company hadn't timely filed before the receiver ship.
While the company is currently "cash flow neutral," that is so only because it currently isn't required to pay on pre-receivership debts. If it was, Young said, it would not be capable of normal operations.
"A substantial amount of financial records before 2024 were allegedly erased from the company's computer system," the report says. It as the receiver has recovered some and is working to recover the remaining missing records."
"The company is not servicing any secured debt, long-term indebtedness or re-receivership indebtedness as it has no financial ability to do so," the report says.
The report notes the receiver has made significant cuts in the company's operational spending, including reducing its workforce by 35 employees or 38%, including reductions in management personnel. It also improved account receivable collections by 22%.