UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

~~Washington~~WASHINGTON, D.C. 20549

FORM 8-K

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

Date of Report (~~Date~~date of earliest event reported): ~~October 20~~December 14, 2009

TVIA, INC.

(Exact name of registrant as specified in its charter)

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


Delaware (State or other jurisdiction of incorporation)		0-30539 (Commission File Number)		94-3175152 (I.R.S. Employer Identification No.)

4800 Great America Parkway, Ste. 405 Santa Clara, CA		95054
(Address of principal executive offices)		(Zip Code)

4800 Great America Parkway, Ste. 405
Santa Clara, CA 95054
(Address of principal executive offices, including zip code)

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

(Registrant’s telephone number, including area code) (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~~o Soliciting material pursuant to Rule ~~8.01.~~14a-12 ~~Other~~under ~~Events~~the Exchange Act (17 CFR 240.14a-12)

Ono ~~October 20,~~Pre-commencement ~~2009,~~communications ~~the~~pursuant ~~United~~to ~~States Bankruptcy Court for the Northern District of California, San Jose Division~~ Rule 14d-2(~~the “Court”~~b) ~~approved~~under the ~~disclosure~~Exchange ~~statement~~Act ~~to second amended chapter 11 plan of reorganization~~ (~~the~~17 ~~“Disclosure Statement”) submitted by the official committee~~CFR ~~of equity security holders of Tvia, Inc~~240. 14d-2(~~the “Committee”~~b).)

Ino ~~connection~~Pre-commencement ~~with~~communications ~~approval~~pursuant ofto ~~the Disclosure Statement, the Bankruptcy Court has fixed October~~Rule ~~28, 2009 as the record date~~ 13e-4(~~the “Record Date”~~c) tounder ~~determine which stockholders of Tvia, Inc. are eligible to vote to accept or reject~~ the ~~second~~Exchange ~~amended~~Act ~~chapter 11 plan of reorganization~~ (~~the~~17 ~~“Plan”) proposed~~CFR ~~by the Committee~~240. ~~The Record Date is important because~~ 13e-4(ic) ~~only stockholders who own shares as of the Record Date will have the right to vote on the Plan, and (ii~~) ~~only stockholders who own 15,000 or~~ more shares of common stock on the Record Date will have the right to elect to retain shares in the reorganized company if the Plan is confirmed by the Court. Stockholders who own less than 15,000 shares of common stock on the Record Date shall not be entitled to retain ownership in the reorganized company, and if the Plan is confirmed shall instead receive cash to be distributed through a proportionate beneficial interest in a liquidating trust or disbursement escrow. 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.

~~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~~Item ~~30, 2009~~1. ~~Ballots accepting or rejecting the Plan must be completed and returned so that they are received by the Committee’s counsel for tabulation no later than 5:00 p~~03.m. ~~(Pacific~~Bankruptcy 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~~Receivership.

~~The~~ As ~~Plan~~previously reported, ~~which~~on isOctober 15, ~~supported by the Committee and is subject to various conditions to effectiveness~~2008, ~~generally provides for the payment of all valid claims of the company’s creditors in full with interest~~Tvia, ~~and~~Inc. ~~the~~filed ~~establishment of~~ a ~~reserve~~voluntary ~~account~~petition ~~to provide~~ for ~~claims that are~~ ~~disputed but may ultimately be allowed. The Plan also provides for either the~~ reorganization ofunder ~~the company~~chapter ~~(the~~11 ~~“Reorganization Alternative”) or the liquidation~~ of the ~~company~~United ~~(the~~States ~~“Liquidation Alternative”).~~Bankruptcy ~~Each~~Code ~~stockholder~~in ~~of record as of~~ the ~~record~~United ~~date, other than those that own less~~States ~~than~~Bankruptcy ~~15,000~~Court ~~shares~~for ~~of common stock of~~ the ~~company~~Northern asDistrict of ~~the record date~~California, ~~may~~San ~~mark~~Jose onDivision ~~its ballot whether it desires to receive either~~ (~~i) a proportionate beneficial interest in~~ the ~~reorganized company or (ii~~“Court”) ~~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~~ On ~~stockholders~~December 14, ~~are~~2009, ~~encouraged~~the toCourt ~~read~~entered an order confirming the ~~Disclosure~~second ~~Statement and~~amended ~~its~~chapter ~~exhibits,~~11 ~~including~~plan of reorganization (the “Plan,”) ~~carefully~~proposed ~~and~~by inthe ~~their~~official ~~entirety.~~committee ~~The~~of ~~foregoing~~equity ~~summary~~security holders of ~~certain~~Tvia, ~~terms~~Inc. of (the ~~Plan~~“Committee”). isThe ~~qualified~~Plan, inwhich ~~its~~is ~~entirety~~binding byon ~~reference~~all tostockholders ~~the~~and ~~Plan.~~creditors Noof ~~assurance can~~the becompany, ~~given~~is ~~that~~presently ~~the~~anticipated ~~Plan~~to ~~will~~ be ~~confirmed~~effective byas ~~the~~of ~~Court~~December 28, or2009 ~~when~~(the or“Effective ~~if it will become effective~~Date”).

The Plan generally provides for the payment of all allowed 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, as approved by the stockholders of the company, provides for the reorganization of the company. Each stockholder of record as of the record date, October 28, 2009, other than those that own less than 15,000 shares of common stock of the company as of the record date, will receive, in accordance with the vote of such stockholder as indicated on its ballot and in accordance with the Plan, either (i) a proportionate beneficial interest in the reorganized company or (ii) cash to be distributed through a proportionate beneficial interest in a disbursement escrow. 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 disbursement escrow, and will not be eligible to receive a proportionate beneficial interest in the reorganized company.

On the Effective Date, the company will close its stock transfer books. After that time, the company will not recognize any further transfer of shares of its outstanding common stock.

The foregoing summary of certain terms of the Plan is qualified in its entirety by reference to the Plan, a copy of which is attached an exhibit to this report and incorporated herein by reference.

Information as to the assets and liabilities of the company as of the date that the order confirming the Plan was entered, or a date as close thereto as practicable, is contained in exhibit 99.1 to this report and incorporated herein by reference.

The company intends to file a Form 15 with the Securities and Exchange Commission as appropriate after the Effective Date to provide notice of the suspension of its reporting obligation under Section 12(g) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Upon filing a Form 15, the company will immediately cease filing any further periodic or current reports under the Exchange Act.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

Exhibit
No.		Description
	2.1	Second Amended Chapter 11 Plan of Reorganization*, as confirmed
	99.1	Disclosure Statement to Second Amended Chapter 11 Plan of Reorganization*
	2.2	Order Confirming Second Amended Chapter 11 Plan of Reorganization entered December 14, 2009
	99.1	Monthly Operating Report for the period ending October 31, 2009, dated November 20, 2009*


*		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.

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SIGNATURE

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

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Exhibit Index

Exhibit
No.		Description
	2.1	Second Amended Chapter 11 Plan of Reorganization*, as confirmed
	99.1	Disclosure Statement to Second Amended Chapter 11 Plan of Reorganization*
	2.2	Order Confirming Second Amended Chapter 11 Plan of Reorganization entered December 14, 2009
	99.1	Monthly Operating Report for the period ending October 31, 2009, dated November 20, 2009*


*		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.

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Tvia, Inc.

Date: October 20, 2009

/s/ YC (Yuchen) Zhu YC (Yuchen) Zhu, Chapter 11 Trustee

Date: December 18, 2009

/s/ YC (Yuchen) Zhu

By: YC (Yuchen) Zhu, Chapter 11 Trustee

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