David S. Klein

Member

Admission Details

  • 2010, Georgia

Law School Attended

  • Elon University School of Law, J.D., 2010
  • The University of Georgia School of Law , LL.M., 2011

University Attended

  • Mercer University, B.A., 2007

Representative Cases

  • In re Rogers (Bankr. N.D.Ga.), Case No. 13-22983-JRS: Through a bench trial, successfully attacked the Debtor's claimed exemption of a profit sharing plan with a value in the six-figures, bringing the plan into the bankruptcy estate to be liquidated for the benefit of creditors.
  • Confidential Settlement; Recovered six-figure amounts in two separate garnishment actions for a client.
  •  In re Cherwenka, 508 B.R. 228 (N.D.Ga. Bankr. 2014); Successfully argued on behalf of a creditor that a debtor's annuity was not exempt from his bankruptcy estate. The court held that the debtor's two lump-sum contributions to the annuity in 2003 far exceeded the yearly limitation under the IRS code in effect for that year. The court also held the annuity could serve as a flexible investment vehicle for the debtor, rather than solely for purpose of the substitute of wages in retirement. The account therefore was not an ''individual retirement annuity'' for purposes of the IRS Code, and thus could not be exempt from the debtor's bankruptcy estate.
  • Confidential Settlement; Assisted in obtaining a six-figure settlement against a debtor and family members in a fraudulent transfer action concerning a large tract of land and apartment complex.
  • Thompson-El v. Bank of America, N.A. et al., 759 S.E.2d 49 (Ga. Ct. App. 2014); Successfully defended real estate agent and brokerage that served as property manager to a bank which foreclosed on a residence. The former owner asserted several claims against the agent and broker, including a claim for intentional infliction of emotional distress. The Court of Appeals affirmed the trial court dismissal the former owner's complaint with prejudice. 
  • U.S. Bank v. Otayek, 447 Fed. Appx. 84 (11th Cir. 2011); Successfully defended bank that purchased property at a foreclosure sale and filed an eviction against the former owner. The former owner attempted to remove the state court eviction action to federal court on grounds that his civil rights had been violated. The 11th Circuit Court of Appeals affirmed the district court's remanding of the case.
  • John Souza v. 17th Street Apartments, LLC, Sup. Ct. Fulton County, Ga.; Won summary judgment for owner of condominium unit on grounds of judicial estoppel where potential purchaser of unit sued for a return of his earnest money almost six-years after executing the contract, and had failed to disclose the potential claim against the owner in his bankruptcy schedules filed months before the filing of the lawsuit.
  • Crystal Rochester et al. v. Two Under, LLC et al., Sup. Ct. Cobb County, Ga.; Obtained dismissal of action initiated by former owner of property and emergency cancellation of lis pendens against property purchased by a small business client at a foreclosure sale.
  • Confidential Settlement; Obtained a six-figure confidential settlement for landlord in commercial lease dispute with tenant, personal guarantor, and other entities who were utilizing the space.