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Practice Areas: Bankruptcy,
Business Litigation,
Class Actions,Securities,
Unfair Business Practices
Stacey
Garrett joined Keesal, Young & Logan in 1991 and currently is a shareholder in
the Long Beach office. Ms. Garrett’s practice focuses on the defense of financial services
firms, with particular emphasis on securities brokers and their employees. She has
handled hundreds of cases before securities arbitration forums such as the NASD, the NYSE, the PCX, and the AAA. In addition,
Ms. Garrett regularly
handles a wide range of general business litigation. She also has handled numerous
cases in federal and state court, including several class actions, involving both
securities issues and disputes arising out of California’s consumer protection and
unfair competition laws. Ms. Garrett has tried, arbitrated or mediated cases in California,
Arizona, Texas, Utah and Nevada. She also has written a number of appellate briefs
and has argued cases before the California Courts of Appeal, the Bankruptcy Appellate
Panel and the United States Court of Appeals for the Ninth Circuit.
In addition to Ms. Garrett's securities practice, she regularly handles bankruptcy
matters on behalf of clients and advises creditors in bankruptcy. Ms.
Garrett has filed
and obtained payment on proofs of claim and administrative priority claims, and
opposed objections to claims. She has successfully objected to debtors’ claims of
“exempt” property and insufficient repayment plans, and filed and prosecuted claims
for non-dischargeability and to deny a debtor’s discharge entirely. Ms. Garrett also
has defended turnover, preference and fraudulent conveyance actions initiated by
the debtor or trustee to recover property paid to satisfy a debt prior to the bankruptcy,
and advised clients with respect to safely structuring ongoing business relationships
with customers or vendors who are near or in bankruptcy. Recently, Ms. Garrett also has
advised clients regarding the effect of new amendments to the Bankruptcy Code, including
those made as a result of the Sarbanes-Oxley Act (2002) and the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005. Ms. Garrett’s bankruptcy practice has
resulted in two opinions published by the United States Court of Appeals for the
Ninth Circuit: In re Weisberg, 136 F.3d 655 (9th Cir. 1998) (holding that securities
broker’s liquidation of securities in account of bankrupt client for the purpose
of meeting margin calls did not violate the automatic stay and margin payments could
not be recovered by trustee), and In re Superior Stamp & Coin Co., Inc., 223
F.3d 1004 (9th Cir. 2000) (holding that earmarking doctrine provided defense to
debtor’s preference action and did not allow debtor to avoid portion of payments
funded by bank loans specifically made for purpose of paying specific creditor).
At Keesal, Young & Logan, Ms. Garrett devotes a significant amount of time to interviewing
and recruiting new attorneys to the firm. She participates in planning the summer
program for the summer associates and supervises the work of law students who clerk
for the firm during the summer.
Ms. Garrett received her B.S. degree in journalism from California Polytechnic State University, San Luis Obispo, in 1987 and graduated summa cum laude. Ms. Garrett
obtained her J.D. from the University of California, Hastings College of the Law
in
1991, where she graduated magna cum laude. While in law school, Ms. Garrett
was a member of the Hastings Law Journal and was elected to the Order of the Coif. Ms.
Garrett also serves as a judge pro tem resolving small claims court cases for the
Los Angeles County court system. Ms. Garrett was named by Los Angeles Magazine as a Southern
California “Rising Star” for 2004 and as a Southern California “Super Lawyer” for
2005. She is “AV” rated by Martindale-Hubbell.
E-mail: stacey.garrett@kyl.com
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