Rule 703. Commencement of adversary proceeding.

An adversary proceeding is commenced by filing a complaint with the court.

Rule 704. Process; service of summons, complaint, and notice of trial.

(a) Summons and notice of trial: Issuance and form; service with complaint.-Upon the commencement of an adversary proceeding the bankruptcy judge shall set a date for trial and shall forthwith issue a summons and notice of trial. The summons and notice shall conform substantially to Official Form No. 26 and shall be served together with the complaint on the defendant in one of the modes authorized by this rule.

(b) Personal service.-Service of the summons, complaint, and notice of trial may be made as provided in Rule 4 (d) of the Federal Rules of Civil Procedure for the service of process. Personal service may be made by any person not less than 18 years of age who is not a party.

(c) Service by mail.-Service of summons, complaint, and notice of trial may also be made by any form of mail requiring a signed receipt as follows:

(1) Upon an individual other than an infant or incompetent, by mailing a copy of the summons, complaint, and notice to his dwelling house or usual place of abode or to the place where he regularly conducts his business or profession.

(2) Upon an infant or an incompetent person, by mailing a copy of the summons, complaint, and notice to the person upon whom process is prescribed to be served by the law of the state in which service is made when an action is brought against such defendant in the courts of general jurisdiction of that state. The summons, complaint, and notice in such case shall be addressed to the person required to be served at his dwelling house or usual place of abode or at the place where he regularly conducts his business or profession.

(3) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association, by mailing a copy of the summons, complaint, and notice directed to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.

(4) Upon the United States, by mailing a copy of the summons, complaint, and notice to the United States attorney for the district in which the action is brought and also to the Attorney General of the United States at Washington, District of Columbia, and in any action attacking the validity of an order of an officer or an agency of the United States not made a party, by also mailing a copy of the summons, complaint, and notice to such officer or agency.

(5) Upon any officer or agency of the United States, by mailing a copy of the summons, complaint, and notice to the United States as prescribed in paragraph (4) of this subdivision and also to the officer or agency. If the agency is a corporation, the mailing shall be as prescribed in paragraph (3) of this subdivision of this rule.

(6) Upon a state or municipal corporation or other governmental organization thereof subject to suit, by mailing a copy of the summons, complaint, and notice to the person or office upon whom process is prescribed to be served by the law of the state in which service is made when an action is brought against such a defendant in the courts of general jurisdiction of that state, or in the absence of the designation of any such person or office by state law, then to the chief executive officer thereof.

(7) Upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule, it is also sufficient if a copy of the summons, complaint, and notice is mailed to the person upon whom service is prescribed to be served by any statute of the United States

or by the law of the state in which service is made when an action is brought against such defendant in the courts of general jurisdiction of that state.

(8) Upon any defendant, it is also sufficient if a copy of the summons, complaint, and notice is mailed to an agent of such defendant authorized by appointment or by law to receive service of process, at his dwelling house or usual place of abode or at the place where he regularly carries on his business or profession and, if the authorization so requires, by mailing also a copy of the summons, complaint, and notice to the defendant as provided in this subdivision.

(d) Service pursuant to court order.

(1) Service in accordance with Federal Rule of Civil Procedure 4 (e).-If a party cannot be served as provided in subdivision (b), (c), or (i) of this rule, the court may order the summons, complaint, and notice of trial to be served as provided in Rule 4 (e) of the Federal Rules of Civil Procedure for service of summons, notice, or order in lieu of summons.

(2) Service by publication.—If a party to an adversary proceeding to determine or protect rights in property in the custody of the court cannot be served as provided in subdivision (b), (c), or (i) of this rule, the court may order the summons, complaint, and notice of trial to be served by mailing copies thereof to the party's last known address, if any, and by at least one publication in such manner and form as the court may direct.

(e) Time of service.-Service under subdivision (b) shall be made within 3 days after the issuance of the summons. If service is made under subdivision (c), the summons, complaint, and notice of trial shall be deposited in the mail within 3 days after the issuance of the summons. Service under subdivision (d) or (i) shall be made within the time fixed by the court. If a summons is not timely served in accordance with the foregoing provisions, another summons shall be issued and served and a new date set for trial.

(f) Territorial limits of effective service.

(1) The summons, together with the complaint and notice of trial, and all other process except a subpoena may be served anywhere within the United States. "United States," as used in this subdivision, includes the Commonwealth of Puerto Rico and the territories and possessions to which the Act is or may hereafter be applicable.

(2) The summons, together with the complaint and notice of trial, and all other process except a subpoena may be served in a foreign country (A) on the bankrupt, any person required to perform the duties of a bankrupt, any general partner of an adjudicated partnership, or any attorney who is a party to a transaction subject to examination under Rule 220, or (B) on any party to an adversary proceeding to determine or protect rights in property in the custody of the court, or (C) on any person whenever such service is authorized by a federal or state law referred to in Rule 4 (d) (7) or Rule 4 (e) of the Federal Rules of Civil Procedure.

(3) A subpoena may be served within the territorial limits provided in Rule 45 of the Federal Rules of Civil Procedure.

(g) Proof of service.-Service of process under the foregoing provisions of this rule shall be proved as provided in Rule 4 (g) of the Federal Rules of Civil Procedure. When service is made by mail, the proof shall include the signed receipt or other evidence satisfactory to the court that delivery was made to the addressee or that acceptance was refused by the addressee. Failure to make proof of service does not affect the validity of the service.

(h) Effect of errors; amendment.-Service of process under this rule shall be effective notwithstanding an error in the papers served or the manner or proof of service if no material prejudice resulted therefrom to the substantial rights of the party against whom the process

issued. Amendment of process or proof of service thereof may be allowed as provided in Rule 4 (h) of the Federal Rules of Civil Procedure.

(i) Alternative provisions for service in a foreign country. If service of the summons, complaint, and notice of trial or of any process is authorized to be effected upon a party in a foreign country, it may also be made and proved as provided in subdivision (i) of Rule 4 of the Federal Rules of Civil Procedure.

Rule 705. Service and filing of pleadings and other papers.

(a) Service.-Subdivisions (a), (b), and (c) of Rule 5 of the Federal Rules of Civil Procedure apply in adversary proceedings, but when service of pleadings on parties in default is required by subdivision (a) of that rule, service shall be made in the manner provided for service of summons in Rule 704.

(b) Filing.-All papers after the complaint required to be served upon a party shall be filed with the court not later than the second business day following service. Rule 707. Pleadings allowed.

Rule 7 (a) of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 708. General rules of pleading.

Rule 8 of the Federal Rules of Civil Procedure, except clause (1) of subdivision (a) thereof, applies in adversary proceedings. All statements in pleadings shall be made subject to the obligations set forth in Rule 911 (a).

Rule 709. Pleading special matters.

Rule 9 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 710. Form of pleadings.

Rule 10 of the Federal Rules of Civil Procedure applies in adversary proceedings, except that the caption of each