Unassociated Document
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM 8-K
CURRENT
REPORT
Pursuant to Section 13 OR 15(d) of
The Securities Exchange Act of 1934
Date of Report (Date of earliest
event reported): January 5, 2009
Delta
Financial Corporation
(Exact
name of registrant as specified in its charter)
Delaware
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1-12109
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#11-33336165
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(State
or other Jurisdiction of Incorporation)
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(Commission
File Number)
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(IRS
Employer Identification No.)
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380
Lexington Avenue, Suite 1014, New York, NY
c/o
Hobart G. Truesdell
Walker,
Truesdell & Associates
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10168
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(Address
of Principal Executive Offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code: (212) 687-1811
x226
105
Maxess Road, Suite S-124, Melville, New
York 11747
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(Former
name or former address if changed since last
report.)
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Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
o Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item 8.01 Other
Events.
On
December 12, 2008, the Second Amended Joint Chapter 11 Plan of Liquidation of
Delta Financial Corporation (the “Company”)
and certain other debtors (collectively with the Company, the “Debtors”)
dated as of December 17, 2007 (the “Plan”) was
confirmed by the United States Bankruptcy Court for the District of
Delaware. The Plan became effective on January 5, 2009 (the “Effective
Date”).
Pursuant
to the terms of the Plan, all assets of the Debtors were transferred to the
Delta Financial Liquidating Trust (the “Liquidating
Trust”) on the Effective Date. The Liquidating Trust will be
responsible for the administration of all claims against the Debtors’
estates. The Bankruptcy Court has appointed Hobart G. Truesdell as
the trustee of the Liquidating Trust, in which capacity Mr. Truesdell is vested
with the rights, powers and benefits set forth in the Liquidating Trust
Agreement and Declaration of Liquidating Trust.
Pursuant
to the terms of the Plan, all shares of the Company’s common stock outstanding
immediately prior to the Effective Date have been extinguished. The
Company intends to file a Form 15 certifying to and notifying the United States
Securities and Exchange Commission of the termination of the registration under
Section 12(g) of the Exchange Act of 1934 of its common stock. A copy
of the Plan can be found at www.alixpartners.com/cms (select “Delta
Financial” from the drop-down screen).
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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Delta
Financial Corporation |
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By:
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/s/ Hobart Truesdell |
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Name: |
Hobart
Truesdell |
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Title: |
Sole Officer |
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Dated:
January 20, 2009 |
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