OMB
APPROVAL
OMB
Number: 3235-0145
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
SCHEDULE
13D
Under
the Securities Exchange Act of 1934
(Amendment
No. )*
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)
May
26,
2009
(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).
| CUSIP No. 032904 |
Schedule
13D
|
Page 2
of 4 Pages
|
|
1
|
NAME
OF REPORTING PERSON
S.S.
OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Marc
Malaga
|
|
2
|
CHECK THE APPROPRIATE BOX IF A MEMBER OF A
GROUP*
(a)
(b)
|
|
|
|
|
3
|
SEC
USE ONLY
|
|
4
|
SOURCE
OF FUNDS*
PF
|
|
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
783,169
|
|
8
|
SHARED
VOTING POWER
|
|
|
9
|
SOLE
DISPOSITIVE POWER
783,169
|
|
|
10
|
SHARED
DISPOSITIVE POWER
|
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
783,169
|
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES* /X/
63,161
Preferred Shares convertible into 315,805 shares which are to be purchased
through private transactions, which transactions have yet to
close.
|
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
6.0% -
Common* [3.8% 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 March 31, 2009.
** Based
upon 12,940,378 common shares outstanding and 1,314,369 preferred shares
outstanding,
with
the voting rights of 5.7877 shares or a total of 7,607,173 voting
shares.
| CUSIP No. 032904 |
Schedule
13D
|
Page 3
of 4 Pages
|
0;
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)
|
Marc
Malaga
|
(b) 6434
Via Rosa, Boca Raton, FL 33433
|
|
(c)
|
Consultant.
|
(d) Not
applicable.
|
|
(e)
|
Not
applicable.
|
|
|
(f)
|
USA
|
Item
3. Source
and Amount of Funds or Other Consideration
Personal Funds.
| CUSIP No. 032904 |
Schedule
13D
|
Page 4
of 4 Pages
|
Item
4. Purpose
of Transactions
|
(a)
|
-
(j) Not applicable.
|
| The Reporting Person does 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. The Reporting Person may at any time review or reconsider his 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 May 31, 2009, the Issuer has outstanding 12,940,378
shares of Common Stock and 1,314,369 shares of Series 1 Preferred Stock
with the voting rights of 7,607,173 common shares. Of the foregoing shares
of Common Stock, the reporting person beneficially owns 783,169 shares of
Common Stock as of May 31, 2009, representing 6.0% of the outstanding
Common Stock, and 3.8% of the voting capital stock. The reporting person
has the sole power to dispose and vote of 783,169 shares of Common Stock
owned by him. In May 2009, the reporting person entered into
agreements to acquire an aggregate of 63,161 share of Preferred Stock in
four private transactions. While these agreements have been executed, the
transactions have not closed. After closing, the reporting person would
own 63,161 Preferred Shares convertible into 315,805 shares of Common
Stock (excluding accrued and undeclared dividends). Accordingly, after
closing of these transactions, the reporting person would have the
beneficial right to vote and dispose a total of 1,098,974 shares of Common
Stock, representing approximately 8.3% of the outstanding shares with
voting rights equal to 5.3% of the outstanding voting stock.
(c) In
the past 60 days, Mr. Malaga has purchased 783,169 shares of the Company’s
Common Stock at prices ranging from $.60 to $1.10 per share. In May 2009,
the reporting person entered into agreements to acquire an aggregate of
63,161 share of Preferred Stock in four private transactions at
approximately $4.54 per Preferred Share (equal to approximately $.91 per
Common Share). While these agreements have been executed, the transactions
have not closed.
(d)
- (e) Not Applicable
|
|
|
Item
6.
|
Contracts, Arrangements, Understandings or Relationships with Respect to the Securities of the Issuer. |
| Not Applicable | |
|
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: June
1, 2009
Signature
By: /s/ Marc
Malaga
Marc Malaga