David S. Klein
Free Consultation
Top Rated Family Law Attorney in Atlanta, GA
Real Estate, Business Law, Bankruptcy
Century Plaza I, 2987 Clairmont Road, Suite 350, Atlanta, GA 30329
About David S. Klein
Practice Areas
- Real Estate
- Business Law
- Bankruptcy
Education
- University of Georgia School of Law, Athens, Georgia, 2011LL.M.
- Elon University School of Law, Greensboro, North Carolina, 2010J.D.
- Honors: cum laude
- Mercer University, Macon, Georgia, 2007B.A.
Representative Cases
- Vickery Falls, LLC v. ASIH, LLC, 354 Ga.App. 385 (2020) – The Court of Appeals upheld a jury verdict on counterclaims for trespass.
- Minnifield v. Wells Fargo Bank, N.A., 786 Fed.Appx. 979 (11th Cir. 2019) In a case arising from a foreclosure, a district court did not commit plain error in dismissing plaintiff homeowner’s amended complaint, because she had waived the right to challenge the district court order affirming a magistrate judge’s report and recommendation.
- CML-GA Social Circle, LLC v. Redcedar, LLC et al., 341 Ga.App. 110 (2017) The Court of Appeals affirmed summary judgment on liability under the Georgia Timber Collateral Conversion Statute against a contractor that cut down and removed trees on a property encumbered by the client’s security deed.
- Bord v. Hillman, 335 Ga.App. 18 (2015) Obtained a reversal of summary judgment where the Court of Appeals found that a genuine issue of material fact existed as to the case of increased water concentration on neighbors’ property.
- RES-GA Gold, LLC v. Cherwenka (In re Cherwenka), 508 B.R. 228 (Bankr. N.D. Ga. 2014) After a trial, the Court found that the Debtor’s annuity could not be exempted in his bankruptcy.
- 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.
- In re Jean, 508 Fed. Appx. 939 (11th Cir. 2013) The 11th Circuit Court of Appeals affirmed the District Court’s order confirming that the automatic stay did not go into effect when a debtor filed a bankruptcy petition after having filed two prior bankruptcy petitions that had been pending in the period beginning one-year prior to his most recent bankruptcy petition filing.
- Confidential Case, Successfully defended small business client against allegations that it had breached a franchise agreement and that franchisor was entitled to damages in the six-figures range.
- Confidential Case, Obtained six-figure judgment which included accelerated and future rent on behalf of a commercial landlord against a tenant.
- Confidential Case, Obtained jury verdict of $230,000, including damages and attorney’s fees, on a counterclaim against landowner that built structures on client’s land.
- Confidential Case, Recovered in excess of $1 million for a client in a multi-case litigation matter, which involved two garnishment actions, a fraudulent transfer claim, and other tort claims.
- Confidential Settlement, Obtained a six-figure confidential settlement for a seller of a commercial property in a contract dispute with the purchaser.
- Confidential Settlement, Assisted in obtaining a six-figure settlement in a fraudulent transfer action concerning a large tract of land and apartment complex.
- 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.
- Vickery Falls, LLC v. ASIH, LLC, 354 Ga.App. 385 (2020) – The Court of Appeals upheld a jury verdict on counterclaims for trespass.
- Minnifield v. Wells Fargo Bank, N.A., 786 Fed.Appx. 979 (11th Cir. 2019) In a case arising from a foreclosure, a district court did not commit plain error in dismissing plaintiff homeowner’s amended complaint, because she had waived the right to challenge the district court order affirming a magistrate judge’s report and recommendation.
- CML-GA Social Circle, LLC v. Redcedar, LLC et al., 341 Ga.App. 110 (2017) The Court of Appeals affirmed summary judgment on liability under the Georgia Timber Collateral Conversion Statute against a contractor that cut down and removed trees on a property encumbered by the client’s security deed.
- Bord v. Hillman, 335 Ga.App. 18 (2015) Obtained a reversal of summary judgment where the Court of Appeals found that a genuine issue of material fact existed as to the case of increased water concentration on neighbors’ property.
- RES-GA Gold, LLC v. Cherwenka (In re Cherwenka), 508 B.R. 228 (Bankr. N.D. Ga. 2014) After a trial, the Court found that the Debtor’s annuity could not be exempted in his bankruptcy.
- 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.
- In re Jean, 508 Fed. Appx. 939 (11th Cir. 2013) The 11th Circuit Court of Appeals affirmed the District Court’s order confirming that the automatic stay did not go into effect when a debtor filed a bankruptcy petition after having filed two prior bankruptcy petitions that had been pending in the period beginning one-year prior to his most recent bankruptcy petition filing.
- Confidential Case, Successfully defended small business client against allegations that it had breached a franchise agreement and that franchisor was entitled to damages in the six-figures range.
- Confidential Case, Obtained six-figure judgment which included accelerated and future rent on behalf of a commercial landlord against a tenant.
- Confidential Case, Obtained jury verdict of $230,000, including damages and attorney’s fees, on a counterclaim against landowner that built structures on client’s land.
- Confidential Case, Recovered in excess of $1 million for a client in a multi-case litigation matter, which involved two garnishment actions, a fraudulent transfer claim, and other tort claims.
- Confidential Settlement, Obtained a six-figure confidential settlement for a seller of a commercial property in a contract dispute with the purchaser.
- Confidential Settlement, Assisted in obtaining a six-figure settlement in a fraudulent transfer action concerning a large tract of land and apartment complex.
- 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.
Classes and Seminars
- Title Law From Start to Finish (Virtual Seminar, 2020)
- Title Law From Start to Finish (Seminar, 2019)
- Airbnb, VRBO & Short-Term Lease Agreements Webcast (Seminar, 2019)
- Commercial Leases: Transactional Tips, Litigation Lessons and Recent Case Law (Real Property Law Section, Real Property Law Institute, 2018)
- VRBO, Airbnb and Other Short-Term Rentals: Legal Ethics (Seminar, 2017)
- Using Technology Effectively in Transactional and Litigation Practices (Real Property Law Section, Real Property Law Institute, 2017)
- Collections: Enforcing Your Judgment (Seminar, 2016) Lease Agreements, Tenant Issues, and Documentation (Seminar, 2016)
- Your Commercial Tenant Filed for Bankruptcy, Now What? (Real Property Law Section, Commercial Seminar, 2016)
Qualifications
Bar Admissions
- Georgia
- U.S. District Court Northern District of Georgia
- U.S. District Court Middle District of Georgia
- U.S. District Court Southern District of Georgia
- U.S. Court of Appeals 11th Circuit
Other Affiliations
- State Bar of Georgia, Real Property, and Young Lawyers divisions (Member)
- Executive Committee of the Real Property Law section, State Bar of Georgia, 2016 & 2019
- State Bar of Georgia, Real Property Law Section (Website/Listserv/Forms Chairman)
- Superior Court of Fulton County (Special Master)
Office Info
Other Colleagues
- 17 years of experienceBusiness Law, Commercial Law, Contracts, Premises Liability
Nearby Lawyers
- Real Estate
- Business Law
- Bankruptcy
- 2.7 miles away
- 2.8 miles away
- 3.1 miles away
- 2.3 miles away
- 0.3 mile away
- 2.8 miles away
The power of the lawyer is in the uncertainty of the law.