Skip to main content

Rule 17004-1. Adversary Proceedings A. Caption. Adversary proceedings shall be captioned with the debtor's name, case number, case chapter and judge assignment. The caption shall include the plaintiff, the defendant, the adversary case number after it has been assigned and the judge assignment.

B. Service. In accordance with Fed. R. Bankr. P. 7004, service of process in an adversary action must be made on either the debtor or the debtor's agent, where applicable.

C. Summons. The summons will be prepared by the clerk and will be returned to the pro se plaintiff for service pursuant to applicable law along with the adversary complaint.

D. Educational Loans - Service on United States Attorney. If the United States made or guaranteed an educational loan, debtor shall serve a copy of the summons and complaint under § 523(a)(8), pursuant to Fed. R. Bankr. P. 7004, on the United States Attorney in Kansas City, the Attorney General in Washington, D.C., and on the appropriate agency.

E. Payment of Fees. All payment of fees must be by cashier's check, money order or cash. No personal checks or credit cards will be accepted. Any adversary filing fee owed is due at the same time the complaint is filed. If the filing fee is missing, the Court may enter an order to show cause to the pro se filer to remedy the deficiency within 14 days or the case may be dismissed without further notice or hearing.