Diann M. Bartek

Creditors' Rights

• General representation of federal credit unions in collections of real estate notes and mortgages, including home equity loans, through judicial and nonjudicial foreclosure; collection of notes secured by personal property; lawsuits against guarantors; deficiency lawsuits against primary obligors; abstracting of judgments; post judgment discovery; and collection of judgments.
• General representation of a national bank in collection of real estate notes and mortgages, including home equity loans, through judicial and nonjudicial foreclosure; collection of notes secured by personal property; lawsuits against guarantors; deficiency lawsuits against primary obligors; abstracting of judgments; post judgment discovery; and collection of judgments.
• General representation of Texas State Banking Associations in collection of real estate notes and mortgages, including home equity loans, through judicial and nonjudicial foreclosure; collection of notes secured by personal property; lawsuits against guarantors; deficiency lawsuits against primary obligors; abstracting of judgments; post judgment discovery; and collection of judgments.

General Commercial Litigation

• Representation of a national bank in litigation against a bonding company concerning payment and performance bonds for construction of public projects.
• Defense counsel for financial institution in litigation concerning Fair Debt Collection Practices Act, fraud, rescission, homestead and Deceptive Trade Practices – Consumer Protection Act.
• Defense counsel for a national insurance company in litigation concerning breach of management, construction, brokerage and acquisition contracts, misappropriation and misuse of trade name and trade dress.
• Representation of a national insurance company in litigation concerning fraud, breach of fiduciary duty, slander of title and breach of contract.
• Defense counsel for a foreign securities company in litigation concerning securities violations, fraud and negligent misrepresentation; personal jurisdiction over the foreign client was contested, and the case was dismissed on that basis.
• Defense counsel for major automotive finance company in federal court litigation concerning Texas and Federal Fair Debt Collection Practices Acts, assault, trespass and breach of contract.
• Representation of national homebuilder in state court litigation involving purchase and development of subdivisions and specific performance of land purchase contract.
• Defense counsel for a national corporation in products liability litigation.
• Defense counsel for a trust company in litigation concerning the removal of a trustee and appointment of a successor trustee.
• Defense counsel for a national floral company in litigation concerning breach of contract, breach of fiduciary duty, fraud and deceptive trade practices relating to the purchase of assets.
• Representation of a purchaser of approximately 100,000 acres of ranch property in litigation concerning competing claims to certain oil and gas royalties, breach of title warranties and breach of sale agreement.
• Defense counsel for a foreign corporation in litigation involving breach of warranties and violation of the Texas Deceptive Trade Practices Act in connection with the sale and repair of commercial marine engines.
• Defense counsel for a communications company in litigation concerning violation of the Telephone Consumer Protection Act. The case was dismissed by the Federal District Court, and the dismissal was affirmed by the Fifth Circuit Court of Appeals.
• Defense counsel for a broadcasting station in litigation concerning violation of the Telephone Consumer Protection Act in connection with facsimile transmissions.
• Defense counsel for a corporate provider of phone services to prison facilities in litigation concerning dispute as to services provided by major long-distance carrier.
• Representation of numerous financial institutions in connection with debt collection, lien priority and foreclosure of real and personal property security interests.
• Representation of a hospital corporation concerning breach of contract in connection with employment of physicians.
• Defense counsel for financial institutions in litigation concerning lien validity under the Texas business homestead exemption.
• Defense of national bank in state court construction litigation concerning the Federal Truth in Lending Act and Regulation Z.
• Representation of financial institutions in arbitration proceedings of disputes under loan documents, including compelling arbitration and abating state court lawsuits.

Bankruptcy Litigation

• General representation of banks and financial institutions in Chapter 11 bankruptcy cases and in contested matters, including hearings on use of cash collateral, stay relief, objections to exemptions, rejection or assumption of executory contracts and leases, sale of estate property, claims objections, valuation of collateral, estimation of claims, valuation of secured claims, disclosure statements, plan confirmation and dismissal and conversion of cases .
• General representation of banks and financial institutions in Chapter 12 (agricultural) bankruptcy cases and in contested matters therein.
• Representation of commercial landlords in Chapter 11 reorganization cases with respect to administrative claims, termination and modification of real property leases.
• Representation of creditors, secured and unsecured, in numerous adversary proceedings, including objections to discharge; objections to dischargeability of debts; preferential transfers; fraudulent conveyances; and validity, extent and priority of liens; sale of estate property free and clear of co-ownership claims; and declaratory judgments.
• Representation of unsecured creditors' committee and creditor trustee in an adversary proceeding to recover preference payments and post petition payments and to set aside fraudulent conveyance.
• Representation of state bank in United States bankruptcy cases involving real property in Mexico and coordination with Mexican counsel in related concurso proceedings (the Mexican equivalent to bankruptcy).