UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, DCD.C. 20549

FORM 8-K

CURRENT REPORT Pursuant to Section 13 orOR 15(d) of The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): October 20, 2009

April 10, 2009

TVIA, INC.

(Exact name of registrant as specified in its charter)

Delaware		~~000~~0-30539		94-3175152
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification No.)

4800 Great America Parkway, Ste. 300 Santa Clara, CA 95054 (Address of principal executive offices, including zip code)


4800 Great America Parkway, Ste. 405 Santa Clara, CA		95054

(Address of principal executive offices)		(Zip Code)

~~(408) 327-8000 (~~Registrant’s telephone number, including area code: (408) 327-8000

(Former name or former address, if changed since last report.)

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 ~~(see General Instruction A.2. below)~~:

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 18.0301. ~~Bankruptcy~~Other ~~or Receivership~~Events.

AsOn ~~previously disclosed in the Current Report on Form 8-K filed on~~ October 1620, ~~2008 by Tvia~~2009, ~~Inc.~~ (the ~~“Company”)~~United ~~with~~States ~~the~~Bankruptcy ~~Securities~~Court ~~and~~for ~~Exchange~~the ~~Commission,~~Northern onDistrict ~~October 15~~of California, ~~2008,~~San ~~the~~Jose ~~Company filed~~Division ~~a voluntary petition~~ (the “~~Petition~~Court”) ~~for~~approved ~~reorganization~~the ~~under~~disclosure ~~Chapter 11~~statement ofto ~~the~~second ~~United~~amended ~~States~~chapter ~~Bankruptcy~~11 ~~Code~~plan of reorganization (the “~~Code~~Disclosure Statement”) insubmitted ~~the~~by ~~United States Bankruptcy Court for~~ the ~~Northern~~official ~~District~~committee of ~~California,~~equity ~~San~~security ~~Jose~~holders ~~Division~~of ~~(the “Court”), in the proceeding titled In re:~~ Tvia, Inc., ~~Case No. 08-55860~~ (the “~~Bankruptcy Proceedings~~Committee”).

OnIn ~~March~~connection with approval of the Disclosure Statement, the Bankruptcy Court has fixed October 2528, 2009, as the ~~Court~~record ~~directed~~date (the ~~appointment~~“Record ofDate”) ato ~~Chapter 11~~determine ~~trustee~~which ~~for~~stockholders ~~the~~of ~~Company~~Tvia, Inc. are eligible to Onvote ~~April 9,~~to ~~2009,~~accept or reject the ~~United~~second ~~States~~amended ~~Trustee~~chapter ~~appointed~~11 YCplan of reorganization (~~Yuchen~~the “Plan”) ~~Zhu~~proposed by asthe ~~Chapter~~Committee. The Record Date is important because (i) 11only ~~trustee~~stockholders ~~for~~who own shares as of the Record Date will have the right to vote on the ~~Company~~Plan, and ~~on April~~(ii) ~~10,~~only ~~2009~~stockholders who own 15,000 or more shares of common stock on the ~~Court~~Record ~~entered~~Date anwill ~~order~~have ~~approving~~the ~~such~~right ~~appointment.~~to Aelect ~~copy~~to ofretain shares in the ~~order~~reorganized ~~approving~~company if the ~~appointment~~Plan is confirmed by the Court. Stockholders who own less than 15,000 shares of YCcommon ~~(Yuchen)~~stock ~~Zhu~~on asthe ~~Chapter 11~~Record ~~trustee~~Date shall ~~for~~not be entitled to retain ownership in the ~~Company~~reorganized company, and if the Plan is confirmed shall instead receive cash to be distributed through a ~~attached~~proportionate ~~hereto~~beneficial asinterest ~~Exhibit 99~~in a liquidating trust or disbursement escrow.1 Consequently, stockholders who are interested in retaining an ownership interest in the reorganized company must make sure that they own 15,000 or more shares of common stock on the Record Date, and continue to own such common stock after the record date and comply with the other conditions of the Plan.

~~Item~~The Disclosure Statement, including the Plan and ballots for voting to accept or reject the Plan are expected to be mailed to stockholders on or before October 930, 2009.01 ~~Financial~~Ballots accepting ~~Statements~~or rejecting the Plan must be completed and ~~Exhibits~~returned so that they are received by the Committee’s counsel for tabulation no later than 5:00 p.m. (Pacific Time) on November 25, 2009. The confirmation hearing for the Plan is fixed for December 11, 2009 at 10:00 a.m. (Pacific Time). If the Court confirms the Plan, it will be binding on all stockholders and creditors regardless of whether the particular stockholder or creditor voted to accept the Plan.

The Plan, which is supported by the Committee and is subject to various conditions to effectiveness, generally provides for the payment of all valid claims of the company’s creditors in full with interest, and the establishment of a reserve account to provide for claims that are disputed but may ultimately be allowed. The Plan also provides for either the reorganization of the company (the “Reorganization Alternative”) or the liquidation of the company (the “Liquidation Alternative”). Each stockholder of record as of the record date, other than those that own less than 15,000 shares of common stock of the company as of the record date, may mark on its ballot whether it desires to receive either (i) a proportionate beneficial interest in the reorganized company or (ii) cash to be distributed through a proportionate beneficial interest in a liquidating trust or disbursement escrow. If the Plan is confirmed, the Reorganization Alternative will occur if the holders of at least 20% of all common stock as of the record date select the alternative set out in clause (i) of the preceding sentence. Otherwise, the Liquidation Alternative will occur if the Plan is confirmed and all stockholders will receive cash distributed through each stockholders proportionate beneficial interest in a liquidating trust or disbursement escrow. If the Plan is confirmed, Stockholders that own less than 15,000 shares of common stock of the company as of the record date will only be entitled to receive cash to be distributed through a proportionate beneficial interest in a liquidating trust or disbursement escrow, and will not be eligible to receive a proportionate beneficial interest in the reorganized company.

All stockholders are encouraged to read the Disclosure Statement and its exhibits, including the Plan, carefully and in their entirety. The foregoing summary of certain terms of the Plan is qualified in its entirety by reference to the Plan. No assurance can be given that the Plan will be confirmed by the Court or when or if it will become effective.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

99.1 United States Bankruptcy Court for the Northern District of California, San Jose Division Order Approving Selection of Chapter 11 Trustee — Case No. 08-55860.


Exhibit
No.		Description
	2.1	Second Amended Chapter 11 Plan of Reorganization*
	99.1	Disclosure Statement to Second Amended Chapter 11 Plan of Reorganization*

~~SIGNATURES~~ * Schedules and certain exhibits omitted pursuant to Item 601(b)(2) of Regulation S-K. The registrant agrees to furnish supplementally a copy of any omitted schedule to the SEC upon request.

~~Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly~~-1- ~~caused this report to be signed on its behalf by the undersigned hereunto duly authorized.~~

	Tvia, Inc.
	By:	/s/ YC (Yuchen) Zhu
		YC (Yuchen) Zhu
		Chapter 11 Trustee

SIGNATURE

~~Date:~~Pursuant ~~April 16~~to the requirements of the Securities Exchange Act of 1934, ~~2009~~the registrant has duly caused this report on Form 8-K to be signed on its behalf by the undersigned hereunto duly authorized.

-2-

Exhibit Index

Exhibit
Number		Exhibit Title
No.			Description
99.1		United States Bankruptcy Court for the Northern District of California, San Jose Division Order Approving Selection of Chapter 11 Trustee — Case No. 08-55860.
	2.1		Second Amended Chapter 11 Plan of Reorganization*
	99.1		Disclosure Statement to Second Amended Chapter 11 Plan of Reorganization*


*		Schedules and certain exhibits omitted pursuant to Item 601(b)(2) of Regulation S-K. The registrant agrees to furnish supplementally a copy of any omitted schedule to the SEC upon request.

-3-

Tvia, Inc.

Date: October 20, 2009

/s/ YC (Yuchen) Zhu

YC (Yuchen) Zhu, Chapter 11 Trustee

Filing Compare · TVIA INC