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UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
SCHEDULE
13D/A
Under
the Securities Exchange Act of 1934
(Amendment
No. 3 )*
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 7,
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).
SCHEDULE
13D
|
CUSIP
No. 032904 10 4
|
Page 2
of 4 Pages
|
|
1
|
NAME
OF REPORTING PERSON
S.S.
OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Morry
F. Rubin
|
|
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
5,558,840
|
|
8
|
SHARED
VOTING POWER
262,000
|
|
|
9
|
SOLE
DISPOSITIVE POWER
5,558,840
|
|
|
10
|
SHARED
DISPOSITIVE POWER
262,000
|
|
11
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
5,820,840
|
|
12
|
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES* [X]
Excludes
shares owned by his father, George Rubin.
|
|
13
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
37.4% -
Common* [25.8% voting capital stock)**
|
|
14
|
TYPE
OF REPORTING PERSON*
IN
|
* Based
upon 14,092,689 common shares outstanding as of December 7, 2009, plus
options/warrants to purchase 1,566,672 shares owned by Mr. Rubin.
** Based
upon 22,543,744 common shares outstanding after giving effect to the 14,092,695
common shares outstanding, assuming the conversion of 1,566,672 warrants and
options owned by Mr. Rubin and 1,189,484 preferred shares outstanding with the
voting rights of 6,884,377 shares.
SCHEDULE
13D
|
CUSIP
No. 032904 10 4
|
Page 3 of
4 Pages
|
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)
|
Morry
F. Rubin
|
|
|
(b)
|
10801 Johnston Road, Suite 210, Charlotte, N.C. 28226 |
|
|
(c)
|
Chief
Executive Officer of the Issuer.
|
|
|
(d)
|
Not applicable. |
|
|
(e)
|
Not
applicable.
|
|
|
(f)
|
USA
|
Item
3. Source and Amount of Funds or Other
Consideration
Personal Funds – see Item
5(c).
Item
4. Purpose of Transactions
|
(a)
|
-
(j) Not applicable.
|
The
Reporting Person has acquired the securities covered by this schedule for
investment purposes only, notwithstanding the fact that Mr. Rubin is a director
of the Issuer. 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 other than those announced by the Issuer in previously
Form 8-K filings made before the date hereof. However, Mr. Rubin, as a director
of the Issuer, may in the future take actions in his fiduciary duty that would
otherwise be required to be described in Item 4 of Schedule 13-D. 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.
SCHEDULE
13D
|
CUSIP
No. 032904 10 4
|
Page 4 of
4 Pages
|
Item
5. Interest in Securities of the Issuer
(a) -
(b) As of December 7, 2009, the Issuer has outstanding 14,092,695
shares of Common Stock and 1,189,484 shares of Series 1 Preferred Stock with the
voting rights of 6,884,377 common shares. Of the foregoing shares of Common
Stock, the reporting person beneficially owns 5,820,840 shares of Common Stock
(inclusive of outstanding options/warrants to purchase 1,566,672 shares,
representing 37.4% of the outstanding Common Stock, and 25.8% of the voting
capital stock. The reporting person has the sole power to dispose and vote of
5,558,840 shares of Common Stock owned by him. Mr. Rubin’s wife and his father,
George Rubin, have the shared power to vote and dispose of 262,000 shares held
in trusts for the benefit of minor children of Morry F. Rubin and his
sister.
(c) On
December 7, 2009, Mr. Rubin purchased from the Issuer, 166,668 common shares and
666,672 ten year warrants, exercisable at $1.00 per share at a cost of
$166,668.
(d) -
(e) Not Applicable
Item 6.
Contracts, Arrangements, Understandings or Relationships with
Respect to the Securities of the Issuer.
Mr.
Rubin’s employment contract dated as of January 31, 2007 provides for the
Reporting Person to be Chief Executive Officer of the Issuer.
Item
7. Materials to be filed as Exhibits
Employment
contract entered into as of January 31, 2007. (Incorporated by reference to
Exhibit 10.2 contained in the Registrant’s Form 10-SB filed with the SEC on
April 30, 2007).
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
15, 2009
|
By:
|
/s/ Morry F. Rubin | |
| Morry F. Rubin | |||