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Evan B. Klinek

Partner
Overview

With more than 12 years of litigation experience in state and federal court, Evan B. Klinek is a member of Greenspoon Marder’s Litigation practice group. He is an experienced trial lawyer, handling matters from inception through appeal. Mr. Klinek’s practice covers a broad spectrum of areas, including but not limited to: admiralty and maritime; bankruptcy; contract disputes; consumer finance; creditor’s rights and collections; cyber-squatting; fraud and deceptive trade practices; non-competition agreements; partnership and shareholder disputes; real estate disputes; TCPA violations; and other business litigation matters. Throughout his career, Mr. Klinek has represented financial institutions in contested collection, foreclosure and litigation matters, including for purported violations of FDCPA, RESPA, TILA, FCRA and fraud. Moreover, he has extensive experience representing secured and unsecured creditors in out-of-court workouts and in all facets of Chapter 7, 11 and 13 bankruptcy proceedings, including adversary proceedings (e.g., fraudulent transfers, discharge ability, and preference actions) and contested matters such as dismissals of bad faith filings, relief from stay, adequate protection, cash collateral, valuation of cash collateral and objections to claims. Mr. Klinek also has experience representing clients faced with governmental and administrative investigations and enforcement actions. While he has extensive litigation experience, Mr. Klinek’s goal is to keep clients out the courtroom, when possible; therefore, he actively counsels clients on ways to resolve disputes without the necessity of protracted litigation.

Court Admissions

  • U. S. District and Bankruptcy Court, Southern District of Florida
  • U. S. District and Bankruptcy Court, Middle District of Florida
  • Eleventh Circuit Court of Appeals

Bar Admissions

  • Florida

Education

  • J.D., University of Miami School of Law, 1997
  • B.A., Political Science, University of Florida, cum laude, 1994
Experience

Industries

  • Admiralty and Maritime
  • Automobile and Boat Dealerships
  • Banking and Financial Institutions
  • Debt Settlement and Debt Relief
  • Health Care
  • Resort and Timeshare
  • Real Estate

Representative Experience

  • Obtained dismissal of a multi-asset Chapter 11 case and prospective relief from stay on behalf of mortgagee owed several million dollars, whereby judge’s dismissal order also precluded anyone who may claim an interest in any of debtor’s real estate from filing a petition for bankruptcy for 180 days
  • Obtained a directed verdict on behalf of multiple defendants who were sued for breach of fiduciary duty, breach of contract, civil conspiracy and quantum merit, after five days of trial
  • Obtained award, including prevailing party attorney fees, in favor of automobile dealership and against claimant on allegations of fraud, misrepresentation, FDUTPA, TILA, Florida Motor Vehicle Retail Sales Finance Act, Florida Consumer Collection Practices Act, Florida Fair Credit Services Organization Act, after six day arbitration final hearing
  • Obtained judgment in favor of defendants after appealing trial court’s award of compensatory and punitive damages in a tortuous interference action
  • Obtained voluntary dismissal of several federal court lawsuits brought against a large financial institution after filing motions to dismiss claims for purported violations of TILA, RESPA, FDUPTA and fraud
  • Represented owner and operator of a cruise ship with numerous disputes arising from extensive renovations and conversion of vessel
  • Litigated thousands of foreclosure and collections matters
  • Obtained final judgment, that was upheld on appeal, in favor of husband and wife in contentious and protracted fraudulent transfer action

Professional and Community Involvement

  • Bankruptcy Bar Association of Southern District of Florida, Member
  • Broward County Bar Association, Member
  • March of Dimes of Broward County
    • Signature Chefs, Committee Member, 2009-Present
Awards
  • Martindale-Hubbell, Rated AV Preeminent®
  • South Florida Business & Wealth magazine, Finalist, “Leaders In Law,” Litigation, 2015
  • The American Lawyer magazine, South Florida’s Top Rated Lawyers, 2012
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