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Joyce W. Lindauer Attorney at Law 8140 Walnut Hill Lane Suite 301 Dallas, Texas 75231 Phone (972) 503-4033 Fax (972) 503-4034 ATTORNEY FOR PLAINTIFF

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION IN RE: JUAN CARLOS MANCERA, DEBTOR.

CASE NO. 11-40823-rfn7 CHAPTER 7

LIBERTY MEDIA HOLDINGS LLC, PLAINTIFF, v. JUAN CARLOS MANCERA, DEFENDANT.

ADVERSARY NO. ______________

COMPLAINT OBJECTING TO DISCHARGEABILITY OF DEBT TO THE HONORABLE RUSSELL F. NELMS, UNITED STATES BANKRUPTCY JUDGE: COMES NOW Liberty Media Holdings LLC (Plaintiff) and brings this its Complaint Objecting to Dischargeability of Debt (the Complaint) against Juan Carlos Mancera (Debtor or Defendant), debtor in the above-captioned bankruptcy case, and would respectfully show unto the Court as follows: I. PARTIES AND PERSONAL JURISDICTION 1. Plaintiff Liberty Media Holdings LLC is a corporation organized and existing under the 1

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laws of the State of California. 2. Defendant Juan Carlos Mancera is an individual and is the debtor in the above-captioned

bankruptcy case, and pursuant to Federal Rules of Bankruptcy Procedure 7004(b)(1) may be served with process herein by mailing a copy of the summons and this Complaint by first class mail postage prepaid to his dwelling house or usual place of abode at 5454 Peterson Ln Apt #1069, Dallas, TX 75240, which is listed as his address in the voluntary petition initiating this bankruptcy case. In addition, Defendant is represented by counsel and pursuant to Federal Rule of Bankruptcy Procedure 7004(g) service will be made electronically on his counsel of record, Tiffany Dawn Pellittieri Mir, Mitchell & Mir, 200 E. Southlake Boulevard, Suite 20, Southlake, TX 76092, (817) 310-3259, Fax: (817) 488-7504, Email: tmir@mirgroup.com. II. SUBJECT MATTER JURISDICTION AND VENUE 3. This court has subject matter jurisdiction over this proceeding pursuant to 28 U.S.C.

1334(b). This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2). The claims and causes of action herein concern the determination of the dischargeability of particular debts. Venue of this adversary proceeding is properly with this Court under 28 U.S.C. 1409. III. BACKGROUND 4. 5. Debtor is an individual that resides in the Fort Worth Metroplex area. Plaintiff is a media company in the California area that publishes motion pictures and

photographs and operates a website that charges a membership fee for access of $34.95 per month. However, Debtor circumvented Plaintiff's pay-access system and illegally hacked into Plaintiff's website and stole Plaintiff's property, copyrighted materials, in excess of $15,000.00. In response to this, Plaintiff brought suit against Debtor, Case No. 10-CV-1823, in the Southern District of California, San Diego Division (the Civil Suit) for violation of 18 U.S.C. 2701 Unlawful Access to Stored
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Communications, 18 U.S.C. 1030 Computer Fraud and Abuse, and 17 U.S.C. 501 Copyright Infringement. 6. In order to avoid, hinder, and delay Plaintiff's Civil Suit against him, on February 11,

2011 Debtor filed bankruptcy in the above-captioned case. In his schedules, Debtor lists only a single unsecured creditor the Plaintiff. The only debt that Debtor lists as owing is to Plaintiff is based on the Civil Suit. 7. At his meeting of creditors that took place on March 15, 2011 at 11:00 a.m., Debtor,

under oath and in the presence of his counsel, admitted that he committed all of the acts that are the basis of the causes of action brought by Plaintiff in the Civil Suit. He also admitted that the purpose of his bankruptcy was to delay and hinder the Civil Suit. IV. CLAIMS FOR RELIEF 11 U.S.C. 523(a)(2) 8. Plaintiff repeats and realleges all prior paragraphs hereinabove and incorporates them

hereby by reference for all purposes as if set forth in full. 9. Under 11 U.S.C. 523(a)(2), Debtor's discharge under 11 U.S.C. 727 does not

discharge him from any debt for money, property, or services that are obtained by false pretenses, a false representation, or actual fraud. 10. The debt under the Civil Suit is a debt for money, property, and services that were

obtained by the Debtor by false pretenses, false representations, and actual fraud when he hacked into Plaintiff's computers and stole Plaintiff's copyrighted material in excess of $15,000.00. 11. For this purpose, Plaintiff requests that Debtor's debt to Plaintiff from the Civil Suit be

denied discharge. 11 U.S.C. 523(a)(6)

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12.

Plaintiff repeats and realleges all prior paragraphs hereinabove and incorporates them

hereby by reference for all purposes as if set forth in full. 13. Under 11 U.S.C. 523(a)(6), Debtor's discharge under 11 U.S.C. 727 does not

discharge him from any debt for willful and malicious injury that he caused to another entity or to the property of another entity. 14. The debt under the Civil Suit is a debt for willful and malicious injury to Plaintiff and Debtor willfully and maliciously hacked into Plaintiff's computers and stole

Plaintiff's property.

Plaintiff's copyrighted material in excess of $15,000.00. 15. For this purpose, Plaintiff requests that Debtor's debt to Plaintiff from the Civil Suit be

denied discharge. 11 U.S.C. 523(a)(13) 16. Plaintiff repeats and realleges all prior paragraphs hereinabove and incorporates them

hereby by reference for all purposes as if set forth in full. 17. Under 11 U.S.C. 523(a)(13), Debtor's discharge under 11 U.S.C. 727 does not

discharge him from any debt for any payment of an order of restitution issued under title 18, United States Code. 18. The debt incurred under the Civil Suit for Plaintiff's causes of action under 18 U.S.C.

2701 and 1030 are debts for payments of orders of restitution under title 18, United States Code. 19. For this purpose, Plaintiff requests that Debtor's debt to Plaintiff from the title 18 causes

of action in the Civil Suit be denied discharge. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that upon trial of this case Plaintiff recover from Debtor as follows: a. A non-dischargeable judgment as requested herein;
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b. Such other and further relief, both at law and in equity, to which Plaintiff may show itself to be justly and lawfully entitled.

Respectfully submitted, /s/ Joyce W. Lindauer Joyce W. Lindauer State Bar No. 21555700 Attorney at Law 8140 Walnut Hill Lane Suite 301 Dallas, Texas 75231 Phone (972) 503-4033 Fax (972) 503-4034 ATTORNEY FOR CREDITOR/PLAINTIFF

COMPLAINT OBJECTING TO DISCHARGEABILITY