Performance Capital Management NT 10-Q Notice of late quarterly filing

United States
Securities and Exchange Commission
Washington, D.C. 20549

FORM 12b-25

Notification of Late Filing

(Amendment No. 0)*

OMB Number
3234-0058 SEC File Number
0-50235 CUSIP Number
 

(Check one):		Form 10-K	Form 20-F	Form 11-K	√	Form 10-Q	Form 10-D	Form N-SAR
		Form N-CSR
	For Period Ended:		September 30, 2009
		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:

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.

If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:

 

Part I - Registrant Information

PERFORMANCE CAPITAL MANAGEMENT LLC

Full Name of Registrant

 

Former Name if Applicable

7001 Village Drive, Suite 255

Address of Principal Executive Office (Street and Number)

Buena Park, California 90621

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 subject distribution report on Form 10-D, 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 i n reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q,10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.

The registrant’s preparation of, and compilation, dissemination and review of relevant information required by, the registrant’s Quarterly Report on Form 10-Q for the period ended September 30, 2009, could not be accomplished in order to permit the registrant to file by November 16, 2009 without undue hardship and expense to the registrant. The registrant anticipates filing its quarterly report on Form 10-Q within the extension period provided under Rule 12b-25 of the Securities Exchange Act of 1934, as amended.

Part IV - Other Information

1. Name and telephone number of person to contact in reg ard to this notification

   David Caldwell	(714)	736-3790
   (Name)	(Area Code)	(Telephone Number)

2. Have all other periodic reports required under Section 13 or 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?

   Yes  √  No 

   If answer is no, identify report(s).

    

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  √  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.

   The Company anticipates that its total net revenues were approximately $4.2 million for the nine months ended September 30, 2009, as compared to approximately $6.7 million for the nine months ended September 30, 2008. Subject to possible impairment charges, which are under review, its total operating costs and expenses were approximately $3.7 million for the nine months ended September 30, 2009, as compared to approximately $6.5 million for the nine months ended September 30, 2008. Until a determination is made with respect to the impairment charges, the Company is not able to calculate the amount of net income generated or net loss incurred in the nine months ended September 30, 2009.

Performance Capital Management, LLC

(Name of Registrant as Specified in Charter)

has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized

Date: 11-16-2009 By /s/ David J. Caldwell Title: Chief Operations Officer

INSTRUCTION: The form may be signed by an executive officer of the registrant or by any other duly authorized representative. The name and title of the person signing the form shall be typed or printed beneath the signature. If the statement is signed on behalf of the registrant by an authorized representative (other than an executive officer), evidence of the representative's authority to sign on behalf of the registrant shall be filed with the form.

Attention

Intentional misstatements or omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001).