Miell may not get bankruptcy discharge

Landlord Robert Miell of Cedar Rapids will be denied a discharge of his debts in bankruptcy if a federal trustee has his way.

Miell failed to disclose many of his assets when he filed for Chapter 11 bankruptcy protection last year, U.S. Bankruptcy Trustee Habbo Fokkena said in a motion filed in U.S. Bankruptcy Court here.

Miell failed to disclose his ownership of a hot tub, four large original oil paintings, jewelry, and collections of Hummel figurines, Beatle memorabilia, Iowa Hawkeye memorabilia, Lladro figurines, and clocks, according to the motion.

Furthermore, the motion says, Miell disclosed that he had only three televisions when he actually had 13, and undervalued many of his assets in his filings with the court.

A bankruptcy discharge prevents most creditors from collecting on debts after the case is decided by a judge. But federal law can allow for debtors to be prevented from receiving a discharge if they hide assets from creditors.

The motion says Miell also fraudulently failed to disclose that he had turned over a .38 revolver and a Browning shotgun to his mother within two years of filing bankruptcy, and fraudulently stated that he used $500,000 from a $1 million loan from his mother to pay American Family Mutual Insurance Co.

Miell's attorney, Trevor Andersen, did not respond to a request for comment on the trustee's motion.

Miell, 55, was convicted in January of two counts of tax fraud and pleaded guilty before trial to 18 counts of mail fraud and two counts of perjury. The charges stem from fraudulently reporting more than $336,000 in storm damage on 145 properties to American Family Insurance.

He is scheduled to be sentenced in federal court on April 18, a hearing that is expected to take two to three days.

Miell's 400-plus properties are being liquidated in bankruptcy after a judge found that his business had no likelihood of surviving as a profitable enterprise to repay creditors. He appealed the conversion of his bankruptcy to a liquidation case last December, but withdrew the appeal to U.S. District Court a few weeks later after failing to post a substantial appeal bond that would have been required.