- Business Disputes
- Real Estate Litigation
3500 Lenox Road
One Alliance Center, 4th Floor
Atlanta, Georgia 30326
David Klein, an associate in the firm's litigation practice, represents corporate clients, financial institutions, and individuals in a variety of litigation and other disputes, with a particular focus on real estate litigation and financial services litigation. He frequently litigates in state courts, bankruptcy courts, and federal courts throughout the Atlanta metropolitan area. He also maintains a corporate and transactional practice for some of his small business clients.
Prior to joining Weissman, Nowack, Curry & Wilco, he maintained a real estate litigation and transactional practice at a mid-sized firm in Gwinnett County. While in law school, David served as a representative and treasurer of the Student Bar Association, as the membership editor of the Elon Law Review, and as a member of the Moot Court Board.
In the Profession
David is a member of the State Bar of Georgia, Real Property, Creditor’s Rights, Appellate and Young Lawyers divisions and serves on the executive committee of the Real Property section. He is licensed to practice in all Georgia trial and appellate courts; Northern, Middle and Southern U.S. District Courts of Georgia; and the 11th Circuit Court of Appeals. David has also been admitted pro hac vice to the U.S. District Court for the Central District of California and the U.S. District Court for the Southern District of California.
In the Community
He previously served as a Board Member and President of his neighborhood Homeowners’ Association. David also participates in the Atlanta Lawn Tennis Association (ALTA) and K-Swiss League Ultimate Tennis. He also enjoys playing golf. David, his wife, and their daughter reside in Johns Creek.
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.
Recovered six-figure amounts in two separate garnishment actions for a client.
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.
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.
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.
Obtained a six-figure confidential settlement for landlord in commercial lease dispute with tenant, personal guarantor, and other entities who were utilizing the space.