Emergency Motion to Expedite Appeal Pursuant to F.R.B.P. 8013(b)

Emergency Motion to Expedite Appeal Pursuant to F.R.B.P. 8013(b)

Motion Seeks Expedited Appeal: Uncle Nearest, Inc. vs. Phillip G. Young in His Role as Receiver

(Filing – April 27, 2026)

Motion outlines over 100 years of unbroken Sixth Circuit precedent—without exception—rejecting the receiver’s position in every prior case. The court broke with over a century of law to deny Uncle Nearest, Inc. the right to reorganize the company.

The filing seeks immediate appellate review of whether a receivership can override a company’s federally protected right to file for bankruptcy.

  1. Unprecedented Court Ruling Departs from More Than 100 Years of Law to Block Access to Federal Bankruptcy Protection

    The filing states the bankruptcy court dismissed the Chapter 11 case based on the receiver’s asserted exclusive authority to file. It presents this as preventing the company from accessing federal bankruptcy relief.

  2. Sixth Circuit Precedent Recognizes Bankruptcy Rights Cannot Be Displaced

    The filing cites multiple Sixth Circuit decisions holding that receiverships do not prevent bankruptcy filings and that federal bankruptcy jurisdiction is not subordinate to a receiver.

  3. Bankruptcy Access Framed as a Protected Federal Right

    The filing references precedent stating that restricting access to bankruptcy courts can deprive a debtor of federally granted rights. It presents this principle as directly implicated by the dismissal.

  4. Retail Sales Declined Following Receiver Appointment

    The filing references Nielsen data showing a reported 46.7 percentage point decline in retail sales after the receiver assumed control. It presents this as evidence of operational impact.

  5. Liabilities Increased and Financial Pressure Intensified

    The filing states accounts payable rose from approximately $10 million to $13,886,897 during the receivership. It also states a $45 million demand arose under a forward purchase arrangement after the receiver took control.

  6. Insurance Coverage Lapsed Under Receiver Control

    The filing states a directors and officers policy with a face value exceeding $3 million was allowed to lapse. It presents this as a governance and risk exposure issue.

  7. No Action Taken on Alleged Former Executive Misconduct

    The filing states the receiver did not pursue recovery tied to alleged misconduct identified in a third-party investigation. It presents this as a missed opportunity to recover funds.

  8. Asset Sale Efforts Raised Enterprise Value Concerns

    The filing states the receiver pursued asset sales that generated offers insufficient to satisfy secured debt. It further states testimony indicated no business plan had been developed to maximize value.

  9. Expedited Appeal Requested Due to Ongoing Harm

    The filing requests accelerated briefing and a prompt ruling, or certification for direct appeal. It states ongoing operational and financial impacts support expedited review.

Read the full filing → Emergency Motion to Expedite Appeal Pursuant to F.R.B.P. 8013(b)