(a) ISSUING, DELIVERING, AND PERSONALLY SERVING A SUMMONS
ANDCOMPLAINT.
(1) In General. Except as provided in (2), Fed. R. Civ. P.
4(a),
(b), (c)(1), (d)(5), (e)–(j), (l), and (m) applies in an adversary pro-
ceeding.
(2) Issuing and Delivering a Summons. The clerk may:
(A) sign, seal, and issue the summons electronically by
placing an ‘‘s/’’ before the clerk’s name and adding the
court’s seal to the summons; and
(B) deliver the summons to the person who will serve it.
(3) Personally Serving a Summons and Complaint. Any person
who is at least 18 years old and not a party may personally
serve a summons and complaint under Fed. R. Civ. P.
4(e)–(j).
(b) SERVICE BY MAIL AS AN ALTERNATIVE. Except as provided in
subdivision (h), in addition to the methods of service authorized
by Fed. R. Civ. P.
4(e)–(j), a copy of a summons and complaint may
be served by first-class mail, postage prepaid, within the United
States on:
(1) an individual except an infant or an incompetent per-
son—by mailing the copy to the individual’s dwelling or usual
place of abode or where the individual regularly conducts a
business or profession;
(2) an infant or incompetent person—by mailing the copy:
(A) to a person who, under the law of the state where
service is made, is authorized to receive service on behalf
of the infant or incompetent person when an action is
brought in that state’s courts of general jurisdiction; and
(B) at that person’s dwelling or usual place of abode or
where the person regularly conducts a business or profes-
sion;
(3) a domestic or foreign corporation, or a partnership or
other unincorporated association—by mailing the copy:
(A) to an officer, a managing or general agent, or an
agent authorized by appointment or by law to receive serv-
ice; and
(B) also to the defendant if a statute authorizes an agent
to receive service and the statute so requires;
(4) the United States, with these requirements:
(A) a copy of the summons and complaint must be
mailed to:
(i) the civil-process clerk in the United States attor-
ney’s office in the district where the action is filed;
(ii) the Attorney General of the United States in
Washington, D.C.; and
(iii) in an action attacking the validity of an order of
a United States officer or agency that is not a party,
also to that officer or agency; and
(B) if the plaintiff has mailed a copy of the summons and
complaint to a person specified in either (A)(i) or (ii), the
court must allow a reasonable time to serve the others
that must be served under (A);
(5) an officer or agency of the United States, with these re-
quirements:
(A) the summons and complaint must be mailed not only
to the officer or the agency—as prescribed in (3) if the
agency is a corporation—but also to the United States, as
prescribed in (4);
(B) if the plaintiff has mailed a copy of the summons and
complaint to a person specified in either (4)(A)(i) or (ii),
the court must allow a reasonable time to serve the others
that must be served under (A); and
(C) if a United States trustee is the trustee in the case,
service may be made on the United States trustee solely as
trustee, as prescribed in (10);
(6) a state or municipal corporation or other governmental
organization subject to suit, with these requirements:
(A) the summons and complaint must be mailed to the
person or office that, under the law of the state where
service is made, is authorized to receive service in a case
filed against that defendant in that state’s courts of gen-
eral jurisdiction; and
(B) if there is no such authorized person or office, the
summons and complaint must be mailed to the defendant’s
chief executive officer;
(7) a defendant of any class referred to in (1) and (3)—for
whom it also suffices to mail the summons and complaint to
the entity on which service must be made under a federal stat-
ute or under the law of the state where service is made when
an action is brought against that defendant in that state’s
courts of general jurisdiction;
(8) any defendant—for whom it also suffices to mail the sum-
mons and complaint to the defendant’s agent under these con-
ditions:
(A) the agent is authorized by appointment or by law to
accept service;
(B) the mail is addressed to the agent’s dwelling or usual
place of abode or where the agent regularly conducts a
business or profession; and
(C) if the agent’s authorization so requires, a copy is also
mailed to the defendant as provided in this subdivision (b);
(9) the debtor, after a petition has been filed by or served
upon a debtor, and until the case is dismissed or closed—by
mailing the copy to the address shown on the debtor’s petition
or the address the debtor specifies in a filed writing;
(10) a United States trustee who is the trustee in the case
and service is made upon the United States trustee solely as
trustee—by addressing the mail to the United States trustee’s
office or other place that the United States trustee designates
within the district.
(c) SERVICE BY PUBLICATION IN AN ADVERSARY PROCEEDING IN-
VOLVING PROPERTY RIGHTS. If a party to an adversary proceeding
to determine or protect rights in property in the court’s custody
cannot be served under (b) or Fed. R. Civ. P.
4(e)–(j), the court
may order the summons and complaint to be served by:
(1) first-class mail, postage prepaid, to the party’s last
known address; and
(2) at least one publication in a form and manner as the
court orders.
(d) NATIONWIDE SERVICE OF PROCESS. A summons and complaint
(and all other process, except a subpoena) may be served anywhere
within the United States.
(e) TIMETOSERVEASUMMONSANDCOMPLAINT.
(1) In General. A summons and complaint served by delivery
under Fed. R. Civ. P.
4(e), (g), (h)(1), (i), or (j)(2) must be served
within 7 days after the summons is issued. If served by mail,
they must be deposited in the mail within 7 days after the
summons is issued. If a summons is not timely delivered or
mailed, a new summons must be issued.
(2) Exception. This subdivision (e) does not apply to service
in a foreign country.
(f) ESTABLISHING PERSONAL JURISDICTION. If exercising jurisdic-
tion is consistent with the United States Constitution and laws,
serving a summons or filing a waiver of service under this Rule
7004 or the applicable provisions of Fed. R. Civ. P.
4 establishes
personal jurisdiction over a defendant:
(1) in a bankruptcy case; or
(2) in a civil proceeding arising under the Code, or arising in
or related to a case under the Code.
(g) SERVING A DEBTOR’S ATTORNEY. If, when served, a debtor is
represented by an attorney, the attorney must also be served by
any means authorized by Fed. R. Civ. P.
5(b).
(h) SERVICE OF PROCESS ON AN INSURED DEPOSITORY INSTITUTION.
Service on an insured depository institution (as defined in section
3 of the Federal Deposit Insurance Act) in a contested matter or
adversary proceeding shall be made by certified mail addressed to
an officer of the institution unless—
(1) the institution has appeared by its attorney, in which
case the attorney shall be served by first class mail;
(2) the court orders otherwise after service upon the institu-
tion by certified mail of notice of an application to permit
service on the institution by first class mail sent to an officer
of the institution designated by the institution; or
(3) the institution has waived in writing its entitlement to
service by certified mail by designating an officer to receive
service.
(i) SERVICE OF PROCESS BY TITLE. This subdivision (i) applies to
service on a domestic or foreign corporation or partnership or
other unincorporated association under Rule 7004(b)(3), or on an
officer of an insured depository institution under Rule 7004(h). The
defendant’s officer or agent need not be correctly named in the ad-
dress—or even be named—if the envelope is addressed to the de-
fendant’s proper address and directed to the attention of the offi-
cer’s or agent’s position or title.