I'm not disputing whether Des is right or wrong. Des says the trustee will file them, so be it. All I'm asking is why would they do so?
Did you read what that statute says? I can offer an opinion as to why. A discharge in bankruptcy is not a right. It has to be granted by the court. I am quite sure that the debtor can also file a proof of claim on behalf of creditors so that they can be included and get paid out of the proceeds of the bankruptcy estate. So, in essence, the onus is on the debtor to include the debts for discharge. It wouldn't seem fair to put the onus on the creditors and say "if you don't counterfile, you lose the right to the debt that the debtor hasn't paid for all this time." I've reopened the thread to comments with the knowledge that we can have a civil discussion.
11 U.S. Code § 501 - Filing of proofs of claims or interests
a) A creditor or an indenture trustee may file a proof of claim. An equity security holder may file a proof of interest.
(b) If a creditor does not timely file a proof of such creditor's claim, an entity that is liable to such creditor with the debtor, or that has secured such creditor, may file a proof of such claim.
(c) If a creditor does not timely file a proof of such creditor's claim, the debtor or the trustee may file a proof of such claim.
(d) A claim of a kind specified in section 502 (e)(2), 502 (f), 502 (g), 502 (h) or 502 (i) of this title may be filed under subsection (a), (b), or (c) of this section the same as if such claim were a claim against the debtor and had arisen before the date of the filing of the petition.
(e) A claim arising from the liability of a debtor for fuel use tax assessed consistent with the requirements of section 31705 of title 49 may be filed by the base jurisdiction designated pursuant to the International Fuel Tax Agreement (as defined in section 31701 of title 49) and, if so filed, shall be allowed as a single claim.