Lawyer or pro se
How is the United States served in a bankruptcy adversary proceeding?
To serve the United States in a bankruptcy adversary proceeding, the rules name more than one recipient. Under Bankruptcy Rule 7004, serving the United States by mail means mailing a copy of the summons and complaint to the civil-process clerk in the United States attorney's office in the district where the action is filed and to the Attorney General of the United States in Washington, D.C. When the defendant is a federal officer or agency, the papers must go to that officer or agency as well. The summons and complaint must be delivered, or deposited in the mail, within 7 days after the summons is issued.1 2
Start your student loan discharge journeyA lawsuit against the federal government, such as a student loan discharge case, has its own service rules. This guide sets out what those rules say and where to read them. It cannot tell you how to serve papers in your own case.
General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.
In this guide
When does an individual filer have to serve the United States?
The usual example is a federal student loan. To seek a student loan discharge, a debtor must file a separate lawsuit inside the bankruptcy case, called an adversary proceeding, and prove undue hardship. When the loan is federal, the local U.S. Attorney's Office for the district where the bankruptcy is pending handles the case for the government.3 4
Service of process is the delivery of a summons to the appropriate party. In an adversary proceeding it is the plaintiff's job: a summons must be served with a copy of the complaint, and the plaintiff is responsible for having them served.1 2 5
Who does the bankruptcy rule say must receive the papers?
The table follows the wording of Bankruptcy Rule 7004 for service by mail.1
| Who is being sued | Where the rule says the summons and complaint go |
|---|---|
| The United States1 | The civil-process clerk in the United States attorney's office in the district where the action is filed, and the Attorney General of the United States in Washington, D.C. |
| An officer or agency of the United States1 | The officer or agency, and also the United States in the same way as above. |
| The United States, in an action attacking the validity of an order of an officer or agency that is not a party1 | The same offices as for the United States, and also that officer or agency. |
Which of these rows fits a given lawsuit depends on who the correct defendant is. That is a legal question, and it is one a lawyer or the rule itself has to answer, not this page.
Does the rule call for ordinary mail, certified mail or delivery?
There are overlapping rules, which is why this step causes confusion. Bankruptcy Rule 7004 allows service by first-class mail within the United States, and its section on the United States speaks of mailing.1 2
The general federal rule on serving the United States also applies in adversary proceedings, and it uses delivery or registered or certified mail. Under it, the summons and complaint are delivered to the United States attorney for the district or sent by registered or certified mail to the civil-process clerk at that office, and a copy is sent by registered or certified mail to the Attorney General in Washington, D.C.5 1
The Justice Department's own manual adds a practical point: United States Attorneys have no authority to accept service on behalf of the Attorney General. The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints.6
Both rules name the United States attorney's office and the Attorney General. They differ on the kind of mail. Which method to use in a particular case, and what a particular court expects, are questions for a lawyer or the court's local rules.1 5
What are the time limits?
The dates in the rules run from the day the summons is issued.1 2 7
- The United States or its officer or agency must serve an answer within 35 days after the summons was issued.7
What does the rule say if one recipient was missed?
The bankruptcy rule has a safety valve. If the plaintiff has mailed a copy of the summons and complaint to one of the required recipients, the court must allow a reasonable time to serve the others.1
How that plays out is up to the judge in the case. It is a reason to raise a service problem with the court or a lawyer promptly, not a reason to treat any recipient as optional.
How does this fit into a student loan discharge case?
In November 2022, the Justice Department and the Department of Education introduced a process for federal student loan discharge cases in which the debtor fills out an attestation form. The Justice Department reviews it and decides whether to recommend a full or partial discharge, and the bankruptcy judge makes the final decision.3
That review happens inside the adversary proceeding. The U.S. Trustee Program's student loan guidance page links to the guidance and the current attestation form.3 4
Who can answer questions about service?
Not the clerk's office. One bankruptcy court's warning to people without lawyers lists explaining who should receive proper notice or service among the things the clerk's office and judges' staff cannot do.8
The federal courts strongly recommend getting advice from a qualified attorney, and say people who cannot afford one may qualify for free legal services.9 10 11
Common questions
Is serving the United States attorney's office enough by itself?
The bankruptcy rule names the civil-process clerk in the United States attorney's office and the Attorney General in Washington, D.C. If only one has been mailed, the court must allow a reasonable time to serve the others.1
Can the U.S. Attorney's office accept service for the Attorney General?
No. The Justice Manual says United States Attorneys have no authority to accept service on behalf of the Attorney General, which is why the rules name the Attorney General in Washington, D.C. separately.6 1
Does the mail have to be certified?
Bankruptcy Rule 7004 allows service by first-class mail. The general federal rule on serving the United States, which also applies in adversary proceedings, uses registered or certified mail. Which to use in a given case is a question for a lawyer or the court's local rules.1 2 5
How long does the government have to answer?
The United States or its officer or agency has 35 days after the summons was issued. Other defendants have 30 days, unless the court sets a different time.7
Sources
Official courts & government references- Rule 7004(b). Process; Issuing and Serving a Summons and Complaint (Cornell LII)
- Glossary of Legal Terms (uscourts.gov)
- DOJ: Student Loan Discharge Guidance: Fact Sheet (Nov. 17, 2022)
- U.S. Trustee Program: Student Loan Guidance
- Rule 4(b), (c)(1) and (l). Summons, Federal Rules of Civil Procedure (Cornell LII)
- Justice Manual 5-5.000, Procedures (justice.gov)
- Rule 7012(a). Defenses; Effect of a Motion (Cornell LII)
- General Warning to All Parties Proceeding Without an Attorney (U.S. Bankruptcy Court, D.D.C.)
- Filing Without an Attorney (uscourts.gov)
- Instructions: Bankruptcy Forms for Individuals, rev. April 2025 (uscourts.gov)
- U.S. Trustee Program: Means Testing (justice.gov)