Photo of Diann M. Bartek

Diann M. Bartek Member

Areas of Practice

Industries

Bar Admissions

  • Texas

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Northern, Southern, Western and Eastern Districts of Texas
  • U.S. District Court, District of Arizona

Education

St. Mary's University School of Law, J.D., magna cum laude, 1978

The University of Texas at Arlington, B.S., 1970

For almost 40 years, Diann Bartek has defended creditors’ rights and advised creditors in collection, foreclosure, litigation and bankruptcy matters and cases. She has represented major creditors – primarily banks and other financial institutions. Diann’s litigation practice also includes defense of financial institutions in deceptive trade practice, fair debt collection, lien priority, homestead and general lender liability litigation in state and federal courts. Diann is the Office Managing Member of the McAllen, Texas office of Dykema.

Experience

Diann's approach to representation of clients is to "treat each client as if it was her only client." She represents creditors throughout the state, primarily in South Texas, in collection of notes and mortgages, through judicial and nonjudicial foreclosures; and in lawsuits against borrowers and guarantors.

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).

Memberships & Involvement

  • Texas Bar Foundation 
  • American Bar Association 
  • San Antonio Bar Association 
  • San Antonio Bar Foundation, Former Board of Trustees Member, Executive Committee and Chair
  • Dykema Office Managing Shareholder - McAllen
  • American Bankruptcy Institute
  • Hidalgo County Bar Association
  • Hidalgo County Women's Bar Association
  • Bexar County Women's Bar Association and Foundation, Former Board of Directors Member and Past Vice President
  • San Antonio Bankruptcy Bar Association, Past Vice President and Past Board of Directors Member
  • St. Mary's Law Alumni Association, Past Vice President and Past Board of Directors Member

Community/Civic Activities

  • South Texas Museum of History, Trustee, 2015
  • South Texas Museum of History, Advisory Board of Trustees, 2013-2014
  • Texas Association of Bank Counsel, Former Board of Directors Member
  • San Antonio Women's Chamber of Commerce, Former Director 
  • Big Brothers - Big Sisters - Alamo Area, Former Director 
  • San Antonio Police Athletic League, Former Director
  • Recognized in Texas Super Lawyers® for Creditor Debtor Rights: Business; Civil Litigation: Defense; Bankruptcy: Business, 2006-Present
  • Martindale-Hubbell® AV® PreeminentTM Peer Review Rating
  • Selected for inclusion in The Best Lawyers in America®, for Bankruptcy and Creditor Debtor and Litigation - Bankruptcy 2007-Present. Copyright 2015 by Woodward/White, Inc., Aiken, SC
  • Selected for inclusion as a "Texas Super Lawyer," Law and Politics Magazine, 2006-2013
  • Bexar County Women's Bar Association and Foundation, Belva Lockwood Outstanding Lawyer Award, 1999