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SEC FILE NUMBER
1-12109
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CUSIP NUMBER
247918 10 5
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
(Check one): |_| Form 10-K |_| Form 20-F |_| Form 11-K |X| Form 10-Q
|_| Form N-SAR |_| Form N-CSR
For Period Ended: June 30, 2008
|_| Transition Report on Form 10-K
|_| Transition Report on Form 20-F
|_| Transition Report on Form 11-K
|_| Transition Report on Form 10-Q
|_| Transition Report on Form N-SAR
For the Transition Period Ended: ______________________
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Read Instruction (on back page) Before Preparing Form. Please Print or Type
Nothing in this form shall be construed to imply that the Commission has
verified any information contained herein.
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If the notification relates to a portion of the filing checked above, identify
the Item(s) to which the notification relates:
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PART I -- REGISTRANT INFORMATION
Delta Financial Corporation
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Full Name of Registrant
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Former Name if Applicable
105 Maxess Road, Suite S-124
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Address of Principal Executive Office (Street and Number)
Melville, New York 11747
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City, State and Zip Code
PART II -- RULES 12b-25(b) AND (c)
If the subject report could not be filed without unreasonable effort or expense
and the registrant seeks relief pursuant to Rule 12b-25(b), the following should
be completed. (Check box if appropriate)
| (a) The reason described in reasonable detail in Part III of this
| form could not be eliminated without unreasonable effort or
| expense
|
| (b) The subject annual report, semi-annual report, transition
| report on Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form
|_| | N-CSR, or portion thereof, will be filed on or before the
| fifteenth calendar day following the prescribed due date; or
| the subject quarterly report or transition report on Form
| 10-Q, or portion thereof, will be filed on or before the fifth
| calendar day following the prescribed due date; and
|
| (c) The accountant's statement or other exhibit required by Rule
| 12b-25(c) has been attached if applicable.
PART III -- NARRATIVE
State below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR,
or the transition report or portion thereof, could not be filed within the
prescribed time period.
Delta Financial Corporation (the "Registrant') was unable to meet the deadline
to file its Quarterly Report on Form 10-Q for the quarter ended June 30, 2008
("Form 10-Q"). As disclosed in the Registrant's Current Report on Form 8-K dated
December 17, 2007, the Registrant and its principal operating subsidiaries filed
voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code with
the United States Bankruptcy Court for the District of Delaware. Due to the
demands associated with the bankruptcy filing and related activities, and the
Registrant's limited personnel and resources, the Registrant has been unable to
complete the preparation of the Form 10-Q. In addition, as disclosed in the
Registrant's Current Report on Form 8-K filed April 22, 2008, the employment of
the Registrant's Chief Financial Officer has terminated.
PART IV -- OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Steven Baum 631 574-4440
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(Name) (Area Code) (Telephone Number)
(2) Have all other periodic reports required under Section 13 and 15(d) of the
Securities Exchange Act of 1934 or Section 30 of the Investment Company
Act of 1940 during the preceding 12 months or for such shorter period that
the registrant was required to file such report(s) been filed? If answer
is no, identify report(s). Yes |_| NO |X|
Form 10-K for the year ended December 31, 2007 and Form 10-Q for the quarter
ended March 31, 2008.
(3) Is it anticipated that any significant change in results of operations
from the corresponding period for the last fiscal year will be reflected
by the earnings statements to be included in the subject report or portion
thereof?
Yes |X| NO |_|
If so, attach an explanation of the anticipated change, both narratively
and quantitatively, and, if appropriate, state the reasons why a
reasonable estimate of the results cannot be made.
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Delta Financial Corporation
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(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
hereunto duly authorized.
Date August 8, 2008 By: /s/ Steven Baum
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Steven Baum
FORM 12B-25
PART IV, QUESTION 3
The Registrant is currently unable to provide a reasonable estimate of its
Q2 2008 results of operations due to the Registrant's focus on its ongoing
bankruptcy proceedings. Accordingly, the Registrant cannot at this time estimate
what significant changes will be reflected in its Q2 2008 results of operations
compared to its Q2 2007 results of operations. The Registrant notes that its
2007 results of operations were prepared on the basis of the assumption that the
Registrant and its consolidated subsidiaries would continue to operate as a
going concern, which was not necessarily the case as of June 30, 2008, in light
of the of the bankruptcy proceedings.