David Scott Klein

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David Scott Klein: Attorney with Rountree Leitman Klein & Geer, LLC
Attorney Awards
About Attorney Awards

Biography

David is a member of the State Bar of Georgia, Real Property, and Young Lawyers divisions and in 2016 and 2019 was elected by his peers for three-year renewable terms on the Executive Committee of the Real Property Law section, where he served as the Website/Listserv/Forms chairman. David continues to oversee the Listserv for the section. David has been selected as a Rising Star by Super Lawyers from 2019 to 2024. He is also a BV-rated attorney with Martindale-Hubbell. David has accepted pro bono cases through the Georgia Legal Services division of the State Bar of Georgia. He is licensed to practice in all Georgia trial and appellate courts; Northern, Middle and Southern U.S. District and Bankruptcy 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, the U.S. District Court for the Southern District of California, the U.S. Bankruptcy Court for the Northern District of Texas, the U.S. District Court for the District of Minnesota, the U.S. Bankruptcy Court for the Eastern District of New York, and the U.S. District Court for the Southern District of Florida. David has also served as a real estate special master and been appointed as guardian ad litem in the Superior Court of Fulton County. David and his wife Alex reside in Johns Creek along with their two children, Caroline and David. He enjoys playing tennis and golf.

Areas of Practice (10)

  • Bankruptcy Law
  • Commercial & Business Litigation
  • Construction & Contract Disputes
  • Creditor's Rights and Commercial Litigation
  • Default Litigation
  • Financial Services Litigation
  • Litigation
  • Real Estate Broker & Appraiser Representation
  • Real Property Law
  • Title Insurance Coverage & Defense

Education & Credentials

University Attended:
Mercer University, B.A., 2007
Law School Attended:
Elon University School of Law, J.D., 2010; The University of Georgia School of Law , LL.M., 2011
Year of First Admission:
2010
Admission:
2010, Georgia
Reported Cases:
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.
ISLN:
921356057

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Peer Reviews

4.3/5.0 (11 reviews)
Martindale-Hubbell® Distinguished Rating Badge
  • Legal Knowledge

    4.4/5.0
  • Analytical Capability

    4.4/5.0
  • Judgment

    4.4/5.0
  • Communication

    4.4/5.0
  • Legal Experience

    4.2/5.0
  • 5.0/5.0 Rated by a Managing Partner on 07/05/14 in Bankruptcy

  • 5.0/5.0 Rated by a Partner on 06/29/14 in Commercial Litigation

  • 5.0/5.0 Rated by a Partner on 06/25/14 in Commercial Litigation

    David Klein is definitely worthy of an AV rating.

  • 5.0/5.0 Rated by a Partner on 06/25/14 in Litigation

  • 5.0/5.0 Rated by a Associate on 06/17/14 in Business Litigation

    Mr. Klein is an intelligent and diligent young professional well capable of addressing his clients' legal needs.

  • 5.0/5.0 Rated by a Managing Partner on 06/17/14 in Real Estate Mediation

  • 4.6/5.0 Rated by a Managing Partner on 06/17/14 in Litigation

  • 4.0/5.0 Rated by a Partner on 07/03/14 in Bankruptcy Chapter 11

    I've only had one case with the Applicant so I do bot know him that well. My experience was good and he was competent and professional. He represented his client well and I believe he did a good job for his client.

  • 4.0/5.0 Rated by a Of Counsel on 06/17/14 in Litigation

  • 3.0/5.0 Rated by a Partner on 07/02/14 in Civil Litigation

Peer reviews submitted prior to 2008 are not displayed.

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