Case 1:17-cv-00138-IMK Document 21 Filed 09/13/17 Page 1 of 2 PageID #: 867

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
U.S. BANK NATIONAL ASSOCIATION, as
Trustee for the Benefit of the Holder
of Comm 2013-CCRE12 Mortgage Trust
Commercial Mortgage Pass-Through
Certificates,
PLAINTIFF,
VS.

CIVIL ACTION NO. 1:17-cv-138 (Keeley)

MOUNTAIN BLUE HOTEL GROUP, LLC,
DEFENDANT.
NOTICE OF BANKRUPTCY FILING
Now comes the Defendant, Mountain Blue Hotel Group, LLC, by counsel,
Michael J. Del Giudice, and advises this Court it has filed Chapter 11 Bankruptcy
in the United States Bankruptcy Court for the Northern District of Georgia (see
attached). The automatic stay now applies.
MOUNTAIN BLUE HOTEL GROUP, LLC
By Counsel,
CICCARELLO, DEL GIUDICE & LAFON

By: /s/Michael J. Del Giudice
Michael J. Del Giudice (WV #982)
1219 Virginia Street, East, Suite 100
Charleston, West Virginia 25301
Phone: (304) 343-4440
Attorneys for Defendant

 Case 1:17-cv-00138-IMK Document 21 Filed 09/13/17 Page 2 of 2 PageID #: 868

CERTIFICATE OF SERVICE
I, Michael J. Del Giudice, do hereby certify that the foregoing “Notice of
Bankruptcy Filing” has been served upon all parties via the Court’s electronic
filing system this 13th day of September, 2017:
Christopher P. Schueller, Esq.
Timothy P. Palmer, Esq.
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, Pennsylvania 15219
Attorneys for Plaintiff
CICCARELLO, DEL GIUDICE & LAFON

By: /s/Michael J. Del Giudice
Michael J. Del giudice (WV #982)
Attorney for Defendant

S:\Debby\Clients\Mountain Blue Hotel\Notice of Bankruptcy Filing 9-13-17.wpd

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Fill in this information to identify your case:
United States Bankruptcy Court for the:
NORTHERN DISTRICT OF GEORGIA
Case number (if known)

Chapter

11
Check if this an
amended filing

Official Form 201

Voluntary Petition for Non-Individuals Filing for Bankruptcy

4/16

If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor's name and case number (if known).
For more information, a separate document, Instructions for Bankruptcy Forms for Non-Individuals, is available.

1.

Debtor's name

2.

All other names debtor
used in the last 8 years

Mountain Blue Hotel Group, LLC

Include any assumed
names, trade names and
doing business as names
3.

Debtor's federal
Employer Identification
Number (EIN)

46-2975768

4.

Debtor's address

Principal place of business

Mailing address, if different from principal place of
business

27299 Riverview Center Blvd.
Suite 103
Bonita Springs, FL 34134
Number, Street, City, State & ZIP Code

P.O. Box, Number, Street, City, State & ZIP Code

Lee

Location of principal assets, if different from principal
place of business

County

150 Suncrest Towne Centre Morgantown, WV
26505
Number, Street, City, State & ZIP Code

5.

Debtor's website (URL)

6.

Type of debtor

Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP))
Partnership (excluding LLP)
Other. Specify:

Official Form 201

Voluntary Petition for Non-Individuals Filing for Bankruptcy

page 1

 Debtor

Case
Case
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4 number (if known)

Mountain Blue Hotel Group, LLC
Name

7.

Describe debtor's business

A. Check one:
Health Care Business (as defined in 11 U.S.C. § 101(27A))
Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))
Railroad (as defined in 11 U.S.C. § 101(44))
Stockbroker (as defined in 11 U.S.C. § 101(53A))
Commodity Broker (as defined in 11 U.S.C. § 101(6))
Clearing Bank (as defined in 11 U.S.C. § 781(3))
None of the above
B. Check all that apply
Tax-exempt entity (as described in 26 U.S.C. §501)
Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C. §80a-3)
Investment advisor (as defined in 15 U.S.C. §80b-2(a)(11))
C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor.
See http://www.uscourts.gov/four-digit-national-association-naics-codes.

8.

Under which chapter of the
Bankruptcy Code is the
debtor filing?

Check one:
Chapter 7
Chapter 9
Chapter 11. Check all that apply:
Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates)
are less than $2,566,050 (amount subject to adjustment on 4/01/19 and every 3 years after that).
The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). If the debtor is a small
business debtor, attach the most recent balance sheet, statement of operations, cash-flow
statement, and federal income tax return or if all of these documents do not exist, follow the
procedure in 11 U.S.C. § 1116(1)(B).
A plan is being filed with this petition.
Acceptances of the plan were solicited prepetition from one or more classes of creditors, in
accordance with 11 U.S.C. § 1126(b).
The debtor is required to file periodic reports (for example, 10K and 10Q) with the Securities and
Exchange Commission according to § 13 or 15(d) of the Securities Exchange Act of 1934. File the
attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy under Chapter 11
(Official Form 201A) with this form.
The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule 12b-2.
Chapter 12

9.

Were prior bankruptcy
cases filed by or against
the debtor within the last 8
years?

No.
Yes.

If more than 2 cases, attach a
separate list.

10. Are any bankruptcy cases
pending or being filed by a
business partner or an
affiliate of the debtor?
List all cases. If more than 1,
attach a separate list

District

When

Case number

District

When

Case number

No
Yes.

Debtor
District

Official Form 201

Relationship
When

Voluntary Petition for Non-Individuals Filing for Bankruptcy

Case number, if known

page 2

 Debtor

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Mountain Blue Hotel Group, LLC
Name

11. Why is the case filed in
this district?

Check all that apply:
Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days immediately
preceding the date of this petition or for a longer part of such 180 days than in any other district.
A bankruptcy case concerning debtor's affiliate, general partner, or partnership is pending in this district.

12. Does the debtor own or
have possession of any
real property or personal
property that needs
immediate attention?

No
Yes.

Answer below for each property that needs immediate attention. Attach additional sheets if needed.
Why does the property need immediate attention? (Check all that apply.)
It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety.
What is the hazard?
It needs to be physically secured or protected from the weather.
It includes perishable goods or assets that could quickly deteriorate or lose value without attention (for example,
livestock, seasonal goods, meat, dairy, produce, or securities-related assets or other options).
Other
Where is the property?
Number, Street, City, State & ZIP Code
Is the property insured?
No
Yes.

Insurance agency
Contact name
Phone

Statistical and administrative information
13. Debtor's estimation of
available funds

.

Check one:
Funds will be available for distribution to unsecured creditors.
After any administrative expenses are paid, no funds will be available to unsecured creditors.

14. Estimated number of
creditors

1-49
50-99
100-199
200-999

1,000-5,000
5001-10,000
10,001-25,000

25,001-50,000
50,001-100,000
More than100,000

15. Estimated Assets

$0 - $50,000
$50,001 - $100,000
$100,001 - $500,000
$500,001 - $1 million

$1,000,001 - $10 million
$10,000,001 - $50 million
$50,000,001 - $100 million
$100,000,001 - $500 million

$500,000,001 - $1 billion
$1,000,000,001 - $10 billion
$10,000,000,001 - $50 billion
More than $50 billion

16. Estimated liabilities

$0 - $50,000
$50,001 - $100,000
$100,001 - $500,000
$500,001 - $1 million

$1,000,001 - $10 million
$10,000,001 - $50 million
$50,000,001 - $100 million
$100,000,001 - $500 million

$500,000,001 - $1 billion
$1,000,000,001 - $10 billion
$10,000,000,001 - $50 billion
More than $50 billion

Official Form 201

Voluntary Petition for Non-Individuals Filing for Bankruptcy

page 3

 Debtor

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Name

Request for Relief, Declaration, and Signatures
WARNING -- Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to $500,000 or
imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.
17. Declaration and signature
of authorized
representative of debtor

The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition.
I have been authorized to file this petition on behalf of the debtor.
I have examined the information in this petition and have a reasonable belief that the information is trued and correct.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on

September 13, 2017
MM / DD / YYYY

X

/s/ William Abruzzino

William Abruzzino

Signature of authorized representative of debtor

Printed name

Title

18. Signature of attorney

X

Managing Member

/s/ Scott B. Riddle

Date September 13, 2017
MM / DD / YYYY

Signature of attorney for debtor

Scott B. Riddle
Printed name

Law Office of Scott B. Riddle, LLC
Firm name

Suite 1800 Tower Place
3340 Peachree Road NE
Atlanta, GA 30326
Number, Street, City, State & ZIP Code
Contact phone

404-815-0164

Email address

scott@scottriddlelaw.com

604855
Bar number and State

Official Form 201

Voluntary Petition for Non-Individuals Filing for Bankruptcy

page 4