|
OMB APPROVAL
OMB Number:
3235-0145
|
|
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
SCHEDULE 13D/A
Under
the Securities Exchange Act of 1934
(Amendment
No. 1)*
ANCHOR FUNDING SERVICES,
INC.
(Name of
Issuer)
Common
Stock
(Title
of Class of Securities)
032904
10 4
(CUSIP
Number)
Steven Morse, Esq., Morse
& Morse, PLLC., 1400 Old Country Road, Westbury, NY 11590
(516-487-1446)
(Name,
Address and Telephone Number of Person Authorized to Receive Notices and
Communications)
December
1,
2008
(Date of Event which Requires Filing
of this Statement)
If the
filing person has previously filed a statement on Schedule 13G to report the
acquisition which is the subject of this Schedule 13D, and is filing this
schedule because of Rule 13d-1(b)(3) or (4), check the following box 9.
Check the
following box if a fee is being paid with the statement
[ ]. (A fee is not required only if the reporting person:
(1) has a previous statement on file reporting beneficial ownership of more than
five percent of the class of securities described in Item 1; and (2) has filed
no amendment subsequent thereto reporting beneficial ownership of five percent
or less of such class.) (See Rule 13d-7.)
Note: Six copies of this
statement, including all exhibits, should be filed with the
Commission. See Rule 13d-1(a) for other parties to whom copies are
sent.
*The
remainder of this cover page shall be filled out for a reporting person's
initial filing on this form with respect to the subject class of securities, and
for any subsequent amendment containing information which would alter
disclosures provided in a prior cover page.
The
information required on the remainder of this cover page shall not be deemed to
be "filed" for the purpose of Section 18 of the Securities Exchange Act ("ACT")
or otherwise subject to the liabilities of that section of the Act but shall be
subject to all other provisions of the Act (however, see the
Notes).
SCHEDULE
13D
|
CUSIP
No. 032904 10 4
|
Page 2 of 5
Pages
|
|
1
|
NAME
OF REPORTING PERSON
S.S.
OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Frank
M. DeLape
|
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A
GROUP* (a) [__]
(b) [X]
|
|
3
|
SEC
USE ONLY
|
|
4
|
SOURCE
OF FUNDS*
NOT
APPLICABLE
|
|
5
|
CHECK
BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d)
OR 2(e)
|
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
USA
|
|
NUMBER
OF
SHARES
BENEFICIALLY
OWNED
BY
EACH
REPORTING
PERSON
WITH
|
7
|
SOLE
VOTING POWER
120,000
|
|
8
|
SHARED
VOTING POWER
300,000
|
|
|
9
|
SOLE
DISPOSITIVE POWER
120,000
|
|
|
10
|
SHARED
DISPOSITIVE POWER
300,000
|
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
420,000
|
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES*
|
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
3.2% -
Common* [2.1% voting capital stock**]
|
|
14
|
TYPE
OF REPORTING PERSON*
IN
|
* Based
upon 12,940,378 common shares outstanding as reported in the Registrant’s Form
10-Q for the
quarter ended September 30,
2008.
** Based
upon 12,940,378 common shares outstanding and 1,216,999 preferred shares
outstanding
with the voting rights of 7,043,625
shares or a total of 19,984,003 voting shares.
SCHEDULE
13D
|
CUSIP
No. 032904 10 4
|
Page 3 of 5
Pages
|
|
1
|
NAME
OF REPORTING PERSON
S.S.
OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Benchmark
Equity Group
|
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A
GROUP* (a) [__]
(b) [X]
|
|
3
|
SEC
USE ONLY
|
|
4
|
SOURCE
OF FUNDS*
NOT
APPLICABLE
|
|
5
|
CHECK
BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d)
OR 2(e)
|
|
6
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
COLORADO
|
|
NUMBER
OF
SHARES
BENEFICIALLY
OWNED
BY
EACH
REPORTING
PERSON
WITH
|
7
|
SOLE
VOTING POWER
-0-
|
|
8
|
SHARED
VOTING POWER
-0-
|
|
|
9
|
SOLE
DISPOSITIVE POWER
-0-
|
|
|
10
|
SHARED
DISPOSITIVE POWER
-0-
|
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
-0-
|
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES* [X]
Excludes
(i) Frank M. DeLape’s options to purchase 120,000 shares and (ii) two
family trusts which own 300,000 shares in which his wife is the
trustee.
|
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
0% -
Common [0% voting capital stock)
|
|
14
|
TYPE
OF REPORTING PERSON*
OO
|
*SEE
INSTRUCTIONS BEFORE FILLING OUT!
INCLUDE
BOTH SIDES OF THE COVER PAGE, RESPONSES TO ITEMS 1-7
(INCLUDING
EXHIBITS) OF THE SCHEDULE, AND THE SIGNATURE ATTESTATION.
SCHEDULE
13D
|
CUSIP
No. 032904 10 4
|
Page 4 of 5
Pages
|
On June 29, 2007, the Issuer became a
reporting company under Section 12(g) of the Securities and Exchange Act of
1934, as amended, when its Form 10-SB (filed on April 30, 2007) became effective
(File No. 0-52589). This Schedule 13D was originally filed for the reporting
person who was a 5% or greater stockholder at the time that the Form 10-SB
became effective in lieu of a Schedule 13G.
Item
1. Security
and Issuer
This
statement relates to the Common Stock of Anchor Funding Services, Inc. (the
“Issuer”). The Issuer’s executive office is located at 10801 Johnston
Road, Suite 210, Charlotte, NC 28226.
Item
2. Identity
and Background
|
|
(a)
|
Frank
M. DeLape
|
| (b) | 700 Gemini, Suite 100 | |
| Houston, TX 77058 | ||
| (c) | Chief Executive Officer of Benchmark Equity Group and Six Diamond Resorts International | |
| (d) | Not applicable. | |
| (e) | Not applicable. | |
| (f) | USA | |
| (a) | Benchmark Equity Group | |
| (b) | 700 Gemini, Suite 100 | |
| Houston, TX 77058 | ||
| (c) | Private investment entity engaging in the purchase and sale of securities. | |
| (d) | Not applicable. | |
| (e) | Not applicable. | |
| (f) | USA | |
SCHEDULE
13D
|
CUSIP
No. 032904 10 4
|
Page 5 of 5
Pages
|
Item
3. Source
and Amount of Funds or Other Consideration
Not
applicable.
Item
4. Purpose
of Transactions
|
(a)
|
-
(j) Not applicable.
|
Each of
the Reporting Persons has acquired the securities covered by this schedule for
investment purposes only, notwithstanding the fact that Frank M. DeLape was a
director of the Issuer until he resigned from the Board on December 2, 2008. The
Reporting Persons do not have any present plans or proposals that relate to or
would result in any of the actions required to be described in item 4 of
Schedule 13D. Each of the Reporting Persons may at any time review or reconsider
its position with respect to the Issuer and formulate plans or proposals with
respect to any of such matters, but has no present intention of doing
so.
Item
5. Interest
in Securities of the Issuer
(a) -
(b) As of December 1, 2008, the Issuer has
outstanding 12,940,378 shares of Common Stock and 1,216,999 shares of Series 1
Preferred Stock with the voting rights of 7,043,625 common shares. Of the
foregoing shares of Common Stock, the reporting persons beneficially own 420,000
shares of Common Stock (inclusive of outstanding options to purchase 120,000
shares held in the name of Mr. DeLape, representing 3.2% of the outstanding
Common Stock, and 2.1% of the voting capital stock. Mr. DeLape has the sole
power to dispose of and vote 120,000 shares of Common Stock owned by him upon
exercise of his options. Benchmark Equity Group, which is controlled by Mr.
DeLape and two family trusts in which Mr. DeLape’s wife is trustee, have the
shared power to vote and dispose of -0- shares and 300,000 shares,
respectively.
(c) On
December 1, 2008, Benchmark Equity Group and a family trust privately sold
700,000 shares and 300,000 shares, respectively, at $.22 per share.
(d) Not
Applicable.
(e) The
Reporting Persons own less than 5% of the outstanding shares.
Item
6. Contracts,
Arrangements, Understandings or Relationships with Respect to the Securities
of the Issuer.
Until
December 2, 2008, Mr. DeLape served as a director of the Company and is entitled
to indemnification and other benefits as a director.
Item
7. Materials
to be filed as Exhibits
Not
applicable.
Signature
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement is true, complete and
correct.
Dated: December
2, 2008
Signature
By: /s/Frank M.
DeLape
Frank M. DeLape
BENCHMARK
EQUITY GROUP
By: /s/ Frank M.
DeLape
Frank
M. DeLape, Chief Executive Officer