Q: Should I go ahead and file a proof of claim or should I wait to see what the trustee is going to do?

A: Without question, honesty is the best policy in any Court, and the Bankruptcy Court in particular.

The benefit, if any, to an omitted (from the Debtor's filings) creditor is that its debt/claim is not going to be discharged, UNLESS that creditor knew or should have known of the bankruptcy in time to file a Proof of Claim, etc.

You don't mention how far along the bankruptcy case is, or what if any damages you may have sustained by virtue of the delay, or at what point you learned of the bankruptcy filing, all of which will impact the debtor's omission (as will the debtor's intent for that omission)

From what little you've said, we recommend that you play this straight and file your Proof of Claim.

But your best path is to confer first with an experienced lawyer in your jurisdiction about how best to proceed.

A: File the proof of claim before the deadline expires, be that now or later.

A: In a Chapter 13 bankruptcy case, filing a proof of claim is an essential step for creditors wishing to receive distributions from the debtor's repayment plan. If you were intentionally left off the creditor's list, your proactive approach in protecting your interests is understandable. Given that the trustee has taken the significant step of hiring a trial attorney, it indicates a level of complexity and potential for substantive action within the case.

Deciding whether to file your proof of claim now or wait to see the trustee's actions involves weighing the potential benefits against the risks. Filing now ensures your claim is recognized early in the process, potentially safeguarding your right to distributions. However, it might indeed alert the debtor to your actions, which could have strategic implications depending on the specifics of your claim and the overall case dynamics.

Considering the trustee's apparent readiness to address the issue, it might be wise to seek legal advice tailored to your specific situation before making a decision. A legal professional can offer insight into the likely timeline of the trustee's actions and the best strategy for filing your proof of claim without jeopardizing your position. This step will help ensure that your rights are adequately protected as the case progresses.