As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 2/29/08  Walter Energy, Inc.               NT 10-K    12/31/07    3:1.7M                                   Merrill Corp/New/FA

Document/Exhibit                   Description                      Pages   Size 

 1: NT 10-K     Notice of a Late Filing of a Form 10-K              HTML     48K 
 2: EX-99.1     Miscellaneous Exhibit                               HTML   1.36M 
 3: EX-99.2     Miscellaneous Exhibit                               HTML      7K 

 

 

 

 

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

 

Walter Industries, Inc.

Full Name of Registrant

Former Name if Applicable

4211 W. Boy Scout Boulevard

Address of Principal Executive Office (Street and Number)

Tampa, Florida 33607

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
x	(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 in 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.

 

Walter Industries, Inc. (the "Company") is filing this Form 12b-25 with respect to its annual report on Form 10-K for the year ended December 31, 2007 (the "2007 Form 10-K"). During 2007 the Company changed its reportable segments and sold a business which the Company determined required revisions to its prior years' financial statements and such revisions are required to be audited and covered by an auditor's report.  The auditing standards of the Public Company Accounting Oversight Board (PCAOB) permit either the Company's current auditors or predecessor auditors to audit and report on the revisions. The Company has requested that its predecessor auditors perform this work.  In order to perform this work, the predecessor auditors must complete a review of their independence, which is ongoing.  The Company intends to file its annual report on Form 10-K once it receives the appropriate audit reports with respect to prior periods. The Company is filing as an Exhibit to this Form 12b-25 all the relevant information to be included in the Company’s 2007 Form 10-K, except for the required opinions and consents of its independent auditors.  The 2007 Form 10-K filed herewith is therefore unaudited at this time.

 

Exhibit 99.1		Walter Industries, Inc. unaudited 2007 Form 10-K
Exhibit 99.2		Letter of Ernst & Young dated February 29, 2008.

 

 

 

 

(Attach extra Sheets if Needed)

PART IV — OTHER INFORMATION

 

(1)	Name and telephone number of person to contact in regard to this notification
	Lisa A. Honnold		813		871-4811
	(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 ? If answer is no, identify report(s).
					x Yes    o No
(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?
					x Yes    o 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.

 

See Exhibit 99.1

 

Walter Industries, Inc.

(Name of Registrant as Specified in Charter)

 

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

 

Date	February 29, 2008		By	/s/ Victor P. Patrick
				Victor P. Patrick
				Vice Chairman, Chief Financial Officer and General Counsel

 

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).

 

GENERAL INSTRUCTIONS