Fawn Weaver Appeals Uncle Nearest Bankruptcy Filing Dismissal

Last week Uncle Nearest Whiskey CEO Fawn Weaver's attempt to file for bankruptcy in order to end Uncle Nearest's court ordered receivership was dismissed [click here if you missed that].

Fawn has appealed the judge's decision...

From McObserver

Uncle Nearest has appealed the bankruptcy court's order dismissing its Chapter 11 case, the latest move in the legal fight over who controls the whiskey company.

An amended notice of appeal filed Friday asks a higher court to review Bankruptcy Judge Suzanne H. Bauknight’s March 19 order dismissing the case. The order being appealed granted motions to end the bankruptcy and left the court-appointed receiver – not founder and CEO Fawn Weaver – in control of the company.

The filing came one day after Bauknight ruled that Weaver was not authorized to place Uncle Nearest into Chapter 11 because the company was already under the control of a receiver, blocking her effort to shift the dispute into bankruptcy court.

Control, therefore, remained with receiver Phillip G. Young Jr., who was appointed while litigation continues over claims that the company owes more than $100 million.

Friday’s filing takes the dispute to the appellate level.

The amended notice of appeal identifies Young and Farm Credit Mid-America, PCA, among the parties to the appealed order. It was signed by Knoxville attorneys Kelli D. Holmes and Lynn Tarpy, who are listed as counsel for the debtor.