UNITED STATES
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): November 422, 2010

MIDDLEBROOK PHARMACEUTICALS, INC.

(Exact name of registrant as specified in its charter)


Delaware	000-50414	52-2208264

(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

7 Village Circle, Suite 100, Westlake, Texas		76262
9 Village Circle, Suite 545, Westlake, Texas		76262
(Address of principal executive offices)		(Zip Code)

Registrant’s telephone number, including area code: (817) 837-1200

~~N/A~~7 Village Circle, Suite 100, Westlake, Texas 76262

(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:

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 7.01. Regulation FD Disclosure.

AsOn ~~previously disclosed, on April~~November 3022, 2010, MiddleBrook Pharmaceuticals, Inc. (~~“MiddleBrook” or~~ the “Company”) filed aits ~~voluntary~~unaudited monthly ~~petition~~operating ~~for~~report ~~bankruptcy~~(the ~~protection~~“Monthly ~~under~~Operating ~~Chapter 11~~Report”) offor the ~~United~~ ~~States~~period ~~Bankruptcy~~October 1, ~~Code~~2010 ~~(the~~through October 31, ~~“Bankruptcy~~2010 ~~Code”)~~with in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), case number 10-11485. OnA ~~July 30,~~copy ~~2010,~~of ~~MiddleBrook completed~~ the ~~previously~~Monthly ~~announced~~Operating ~~sale~~Report ofis ~~substantially~~attached ~~all of its assets (the “Sale”)~~ to ~~Victory~~ ~~Pharma,~~this ~~Inc.~~Current ~~(“Victory”),~~Report ~~pursuant~~on toForm ~~the~~8-K ~~Asset~~as ~~Purchase Agreement, dated May~~Exhibit ~~14,~~99.1 ~~2010, by~~ and ~~between~~ ~~the~~is ~~Company~~incorporated ~~and~~herein ~~Victory (the “Agreement”). The Sale, which was conducted under the provisions of Section 363 of the Bankruptcy Code, was approved~~ by ~~the Bankruptcy Court on July 28, 2010~~reference.

OnThe ~~November 4,~~Monthly ~~2010~~Operating Report is limited in scope, ~~MiddleBrook~~covers ~~filed~~a limited time period and has been prepared solely for the ~~Debtor’s~~purpose ~~Plan~~of complying with reporting requirements of ~~Liquidation~~the Bankruptcy Court and the United States Bankruptcy Code, 11 U.S.C. §§ 101-1532 (the “~~Plan~~Bankruptcy Code”). The financial information contained in the Monthly Operating Report is preliminary and unaudited and does not purport to show the Company’s financial statements in accordance with generally accepted ~~Disclosure~~accounting ~~Statement~~principles ~~for~~(“GAAP”) and, therefore, may exclude items required by GAAP. The Monthly Operating Report also does not include footnotes that would ordinarily be contained in the financial ~~Debtor~~statements in the Company’s ~~Plan~~quarterly and annual reports filed pursuant to the Securities Exchange Act of ~~Liquidation~~1934, as amended (the “~~Disclosure~~Exchange ~~Statement~~Act”). ~~with~~The ~~the~~Monthly Operating Report contains ~~Bankruptcy~~information ~~Court~~for periods that may be shorter or otherwise different from those contained in reports required pursuant to the Exchange Act. AThe ~~copy~~financial ofinformation has not been reviewed or otherwise verified for accuracy or completeness by the ~~Plan~~Company’s independent registered public accountants, and there can be no assurance that the ~~Disclosure~~Monthly ~~Statement~~Operating ~~are~~Report ~~attached~~is tocomplete. ~~this~~The ~~Current~~Company cautions ~~Report~~readers not to place undue reliance on ~~Form~~the ~~8-K~~Monthly asOperating ~~Exhibits~~Report, 99which may be subject to revision.1 The Monthly Operating Report is in the format required by the Bankruptcy Court and ~~99.2,~~the Bankruptcy ~~respectively,~~Code and ~~are~~should ~~incorporated~~not ~~herein~~be byused for investment purposes. The information in the Monthly ~~reference~~Operating Report should not be viewed as indicative of future results.

The information furnished pursuant to Item 7.01 and ~~Exhibits~~ Exhibit 99.1 ~~and 99.2~~ of this Current Report on Form 8-K shall not be deemed to be “filed” for the purposes of Section 18 of the ~~Securities~~ Exchange Act ~~of 1934~~, ~~as amended (the “Exchange Act”),~~ or otherwise subject to the liabilities of that section. The information in Item 7.01 of this Current Report shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, whether made before or after the date of this Current Report, regardless of any general incorporation language in the filing.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

The following exhibits are furnished with this Current Report on Form 8-K:

Exhibit
Number		~~Description~~	Description
~~99.1~~	99.1	~~Debtor’s Plan of Liquidation~~	Monthly Operating Report for the Period from October 1, 2010 to October 31, 2010
99.2		Disclosure Statement for the Debtor’s Plan of Liquidation

SIGNATURES

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.

EXHIBIT INDEX

Exhibit
Number		~~Description~~	Description
~~99.1~~	99.1	~~Debtor’s Plan of Liquidation~~	Monthly Operating Report for the Period from October 1, 2010 to October 31, 2010
99.2		Disclosure Statement for the Debtor’s Plan of Liquidation

~~MIDDLEBROOK PHARMACEUTICALS, INC.~~

MIDDLEBROOK PHARMACEUTICALS, INC.

Date: November 10, 2010

/s/ Brad Cole

Date: November 22, 2010

/s/ Brad Cole Brad Cole

Senior Vice President, General Counsel and Secretary

Senior Vice President, General Counsel and Secretary

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