Insolvency practitioner sanctions: Kevin Lucas 27 March 2023
On 27 March 2023 an Exclusion Order was made against Mr Kevin Lucas
Applies to England, Scotland and Wales
Documents
Details
Summary of complaints:
Complaint a:
That, between 26 November 2019 and 7 September 2020, Mr Kevin Lucas in his capacity as joint trustee of the bankruptcy estate of Mr ‘F’, failed to act in accordance with the fundamental principle of Professional Competence and Due Care as set out in the Insolvency Code of Ethics Part D by failing to respond to correspondence and a formal complaint sent by Mr ‘H’.
Complaint b:
i, That, when accepting the appointment as Liquidator of the Trust on 06 October 2014, Mr Lucas failed to take reasonable steps to identify whether threats existed to the fundamental principle of objectivity arising out of a significant professional relationship with the Trust.
ii, On or around 01 June 2015 to 25 May 2021 Mr Lucas failed to progress and finalise the liquidation of the Trust in a timely fashion.
iii, Between 31 May 2017 and 31 July 2019, Mr Lucas, acting as Creditors’ Voluntary Liquidator of the Trust, failed to comply with Rule 18.7 (6) of the Insolvency (England and Wales) Rules 2016 and Section 104A of the Insolvency Act 1986 in that he, did not produce a progress report for the following year ends, within the period of 2 months: (a) 31 May 2017; and/or (b) 31 May 2018; and/or (c) 31 May 2019.
iv, Between 31 May 2017 and 31 July 2019, Mr Lucas, acting as Creditors’ Voluntary Liquidator of the Trust, failed to comply with Rule 18.7 (6) of the Insolvency (England and Wales) Rules 2016 and Section 104A of the Insolvency Act 1986 in that he: a. Did not send a progress report for the following year ends within the period of two months following each anniversary, to the Registrar of Companies: (i) 31 May 2017; and/or (ii) 31 May 2018; and/or (iii) 31 May 2019 and/or b. Did not send a progress report for the following year ends within the period of two months following each anniversary to the members and creditors: (i) 31 May 2017 and/or (ii) 31 May 2018; and/or (iii) 31 May 2019
v, Between 25 September 2019 and 25 November 2019, Mr Lucas, acting as Creditors’ Voluntary Liquidator of the Trust, failed to declare the final dividend to creditors in the two month period in Rule 14.34 of the Insolvency (England and Wales) Rules 2016.
Complaint C
Between 13 January 2022 and 28 January 2022 Mr Lucas failed to provide the information, explanations and documents requested by letter dated 12 January 2022, issued in accordance with Disciplinary Bye-law 13.1, contrary to Disciplinary Bye-law 13.2.