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): ~~March~~ 20June 16, 2009

CardioVascular BioTherapeutics, Inc.

(Exact name of registrant as specified in its charter)

Delaware	000-51172	33-0795984
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

1635 Village Center Circle, Suite 250
Las Vegas, Nevada	89134
(Address of Principal Executive Offices)	(Zip Code)

Registrant’s telephone number, including area code: 702-839-7200

(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:

¨	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

ITEM 28.0401 ~~TRIGGERING~~OTHER ~~EVENT THAT ACCELERATES A DIRECT FINANCIAL OBLIGATION~~EVENTS

~~As previously~~On ~~noted on~~ Form 8-K filed with the Securities and Exchange Commission (“SEC”) on ~~February~~March 2723, 2009, (the “March 23rd 8-K”) the Company ~~decided~~noted ~~not~~a todispute ~~issue~~with Leonardo, L.P. (“Leonardo”) regarding a principal balance of $1,~~581~~404,~~164~~800 ~~shares~~plus interest through March 20, 2009 that ofLeonardo ~~common~~claimed ~~stock~~was ~~upon~~outstanding ~~conversion~~at ofthat ~~the~~time on its Senior Secured Note (“Note”) issued by ~~Leonardo~~the ~~pursuant~~Company toon ~~Leonardo’s January~~March 20, ~~2009~~2006. The dispute arose over a conversion notice ~~because~~Leonardo sent to the Company ~~believes~~on ~~Leonardo’s trading~~January ~~practices~~20, ~~with~~2009 requesting ~~Company~~to ~~common~~convert ~~stock~~a ~~previously~~portion ~~received through conversions~~ of the Note ~~have~~into ~~resulted~~5,581,164 inshares ~~the continual decline~~ of the Company’s ~~stock~~ ~~price~~common instock. As ~~the~~previously ~~market~~noted ~~which~~on ~~decline~~Form is8-K ~~without~~filed ~~relation to~~ with the ~~overall~~SEC ~~poor market~~on ~~conditions~~February ~~prevalent~~27, ~~over~~2009 (the ~~last~~“February ~~few~~27th ~~months. The~~8-K”), the Company ~~was unable~~did tonot ~~work~~issue ~~out~~the ashares ~~mutually~~of ~~satisfactory~~common ~~trading~~stock ~~plan~~pursuant ~~with~~to Leonardo’s January ~~and~~20, ~~thus, in~~2009 ~~order~~conversion tonotice ~~protect~~because the ~~value~~Company ofwas ~~its~~concerned ~~stock~~about ~~for~~the decline ~~all~~ of ~~its~~the ~~shareholders,~~Company’s stock price in the ~~Company~~ ~~declined~~market just prior to ~~honor~~the ~~Leonard~~conversion notice and Leonardo’s ~~conversion~~involvement, ~~notice~~if ~~after~~any, ~~which~~with ~~Leonardo~~that decline. In response to the failed conversion, Leonardo issued a redemption notice dated February 23, 2009 as more fully explained in ~~that~~ ~~Form~~the February 27th 8-K.

AsIn ofthe ~~5:00pm EST on~~ March ~~20,~~23rd ~~2009 a principle balance of $1~~8-K,~~404,800~~ the ~~plus~~Company ~~interest through~~noted ~~this~~it ~~date~~expected ~~remains~~its ~~outstanding~~dispute with Leonardo, ~~L.P.~~would ~~(“Leonardo”)~~be ~~on its~~resolved ~~Senior~~through ~~Secured Note (“Note”) issued by the Company on March 20~~negotiation, ~~2006. This~~ ~~will~~litigation ~~not~~or besome ~~paid,~~other ~~which~~dispute ~~constitutes a default on the Note~~resolution.

~~It is~~Litigation ~~expected~~has ~~the~~now ~~matter~~commenced ofin ~~the~~New ~~outstanding~~York ~~balance~~by ~~will~~Leonardo beseeking ~~resolved~~to ~~through~~use an accelerated ~~negotiation~~procedure, ~~litigation~~a ormotion ~~some~~for ~~other~~summary ~~dispute~~judgment ~~resolution~~in lieu of compliant, to recover ~~means~~approximately $1. ~~Daniel~~4 Cmillion that Leonardo claims is due. The ~~Montano,~~Company has retained local counsel in New York to defend the ~~Chief~~action ~~Executive~~on ~~Officer~~various grounds including that a) the action is not eligible for the accelerated summary judgment procedure that Leonardo seeks to use; b) the obligation has been extinguished by reason of the Company, having tendered and Leonardo’s acceptance ~~has~~of ~~personally~~2 ~~guaranteed~~million shares of the ~~Note. If~~Company’s hecommon isstock ~~required~~on toJanuary ~~honor~~28, ~~such~~2009 that on ~~guaranty~~that day traded with a closing price of $0.53, and the Company ~~would~~having ~~become~~tendered and ~~liable~~Leonardo’s toacceptance ~~indemnify~~of Mr2 million shares of the Company’s common stock on February 6, 2009 that on that day traded with a closing price of $0.48, ~~Montano~~with ~~for~~the aggregate value of these 4 million shares being $2,020,000 based on the closing ~~amount~~price heon isthe ~~required~~respective delivery dates; c) the Company’s failure to pay the sums demanded in the redemption notice did not qualify as a default under the Note since such sums were an excessive and unenforceable penalty; and d) issues exist relating to Leonardo’s conduct concerning the stock price that preclude summary adjudication.

~~ITEM~~On 9June 16, 2009, the Company and Leonardo appeared through counsel in the Supreme Court of the State of New York, County of New York.~~01 Financial~~ After ~~Statements~~hearing oral ~~and~~argument, ~~Exhibits~~the Court reserved decision.

(d) Exhibits

	10.1	Form of Note (incorporated by reference to Exhibit 10.7 on the Form 8-K filed with the Securities and Exchange Commission March 22, 2006) and other related documents (incorporated by reference to Exhibits 10.1 to 10.6, 10.8 to 10.10 and 99.1 on the Form 8-K filed with the Securities and Exchange Commission March 22, 2006).
	99.1	Redemption Letter from Leonardo, L.P. dated February 23, 2009 (incorporated by reference to Exhibit 99.1 on the Form 8-K filed with the Securities and Exchange Commission February 27, 2009).

SIGNATURE

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.

	CARDIOVASCULAR BIOTHERAPEUTICS, INC.
Date: March 20, 2009	By:	/s/ Mickael A. Flaa
Date: June 16, 2009	By:	/s/ Mickael A. Flaa
		Mickael A. Flaa
		Chief Financial Officer

EXHIBIT INDEX

Exhibit
Number	Description
10.1	Form of Note (incorporated by reference to Exhibit 10.7 on the Form 8-K filed with the Securities and Exchange Commission March 22, 2006) and other related documents (incorporated by reference to Exhibits 10.1 to 10.6, 10.8 to 10.10 and 99.1 on the Form 8-K filed with the Securities and Exchange Commission March 22, 2006).
99.1	Redemption Letter from Leonardo, L.P. dated February 23, 2009 (incorporated by reference to Exhibit 99.1 on the Form 8-K filed with the Securities and Exchange Commission February 27, 2009).

Filing Compare · CardioVascular BioTherapeutics, Inc.