We have been advised that there may be a limited priority claim available to individuals under Bankruptcy Code §507(a)(7) for up to $3,350 arising from any deposit of money, before the bankruptcy case (filed on April 19, 2024), in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of such individuals, that were not delivered or provided. If this describes your claim, see below.

What you need to do if your claim is described above:

1. Fill out an Amended Proof of Claim form (same form: Official Form 410 available here);
2. On the form in Part 1, Question 4, “Does this claim amend one already filed?”, check “Yes” (assuming you have already filed a proof of claim), and put your original proof of claim number and the date you filed it in the spaces provided;
3. In Part 2, Question 12, “Is all or part of the claim entitled to priority under 11 U.S.C. §507(a)?”, check the box that says “Up to $3,350 of deposits toward purchase, lease, or rental of property or services for personal, family, or household use. 11 U.S.C. §507(a)(7).” and put $3,350 in the space provided if your claim was at least $3,350.
a. Please note that if your claim is less than $3,350, you may put the full amount of your claim.
b. If your original claim was greater than $3,350, but was reimbursed or repaid by your credit card company (or otherwise) in full or in part, please deduct the reimbursement/repayment amount from your claim for purposes of claiming this priority. (Example: if your original claim was $10,000, and $8,000 of it was reimbursed by your credit card company, you would only be entitled to claim the remaining $2,000 as a priority under 11 U.S.C. §507(a)(7)).
c. Any supporting documents that were attached to your original proof of claim (such as receipts or other supporting documents) should be attached to the amended proof of claim as well.
4. Follow this link and scroll down to ‘File and Amend a Claim.
5. If you still have questions about your original proof of claim, or filing an amended proof of claim, contact the United States Bankruptcy Court for the Southern District of California using this link and give them the case name: In re Pirch, Inc. and case number: 24-bk-01376-CL7.
6. FOR ALL QUESTIONS ON AMENDING PROOF OF CLAIM, PLEASE CALL THE COURT’S HELP DESK AT (619) 557-7415
7. Amend Your Claim By April 18, 2025
8. To find your previously filed proof of claim: check https://pacer.uscourts.gov/. The case information is as follows:
1. Case name: Pirch, Inc.
2. Case Number: 24-01376-CL7
3. Circuit: Ninth
4. District: Southern District of California”

What you need to know:

1. Because the priority is limited by the dollar amount, if you claim the priority and there is a remainder beyond $3,350, you will have a combination priority and unsecured claim (assuming your claim is unsecured). In other words, one part ($3,350) will be entitled to priority payment if there are sufficient funds. The amount of your claim will remain the same in Question 7 – “How much is the claim?”

Please be advised: The foregoing should not be construed as legal advice. A proof of claim is a legal document and seeking assistance from a lawyer when completing this document is advisable. Dinsmore & Shohl LLP does not represent or purport to represent individual creditors. See more in our FAQ section.