Yep Commerce, Inc. – Preference and Fraudulent Transfer Defense Lawyer

On November 5, 2025, Alfred T. Giuliano, as the chapter 7 trustee for the bankruptcy estates of Yep Commerce, Inc. filed approximately 12 complaints seeking to avoid and recover payments made during the 90 day period prior to the bankruptcy filing, as preferential under Section 547 and/or fraudulent under Section 548 of the Bankruptcy Code.

The bankruptcy case and these adversary actions are before Judge Laurie Selber Silverstein.

Preference Defense Litigation and please see our page on Defense of Fraudulent Transfer Actions.

Common Defenses in Preference Actions

The United States Bankruptcy Code provides many affirmative defenses to preference actions, contained within Section 547(c). For example, the most common defenses that may be available to a Defendant under Section 547(c) may include:

• the transfer was a contemporaneous exchange for new value given to the debtor (i.e., the debtor received something of value in exchange for the transfer); 11 U.S.C. §547(c)(1);
• after such transfer, Defendant gave new value to or for the benefit of the debtor (i.e., the Defendant extended additional credit to the Debtor after receiving the transfer) 11 U.S.C. §547(c)(4); or
• the transfer was in payment of a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the recipient (i.e., Defendant made the transfer under ordinary business terms). 11 U.S.C. §547(c)(2).

Common Defenses in Fraudulent Transfer Cases

Among the more common defenses that may be available are that you provided reasonably equivalent value for a transfer that is now alleged to be constructively fraudulent or in good faith provided value to the debtor in exchange for the transfer. There may be other defenses available to you by showing that the Transfer does not fit the statutory predicates. For example, solvency of the debtor or that the transfer was not actually an interest of the debtor in property.

The following Adversary Proceedings were filed in the bankruptcy of 23-11820-LSS Yep Commerce, Inc., Case No. 23-11820-LSS on November 5, 2025:

25-52382-LSS Giuliano v. U.S. Bank, N.A.
25-52383-LSS Giuliano v. Ryan Transportation Services Inc.
25-52384-LSS Giuliano v. Exodus Logistix Inc.
25-52387-LSS Giuliano v. RVS Line, Inc.
25-52391-LSS Giuliano v. Russo Parts and Service Co., Inc.
25-52393-LSS Giuliano v. Oz’s Transportation LLC
25-52395-LSS Giuliano v. Kaiser Group, Inc.
25-52397-LSS Giuliano v. Prepass LLC
25-52402-LSS Giuliano v. Express Line Trucking Inc.
25-52403-LSS Giuliano v. Libertas Funding, LLC
25-52404-LSS Giuliano v. Ottosen
25-52405-LSS Giuliano v. Ojeomogha