Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
As previously disclosed by Torch Energy Royalty Trust (the "Trust") in its Form 12b-25 filed with the Securities and Exchange Commission (the "SEC") on April 1, 2009, the Trust has been unable to timely file its Annual Report on Form 10-K for the fiscal year ended December 31, 2008 (the "2008 Annual Report") with the SEC due to the inability of the Trust to obtain complete and reliable information required to prepare and file the Annual Report. Pursuant to Rule 12b-25 under the Securities Exchange Act of 1934, the Trust received an extension until April 15, 2009 to file the 2008 Annual Report, which has now expired.
On May 7, 2009, the Trust issued a press release (the "Press Release") disclosing the receipt of a letter from NYSE Regulation, Inc. (the "NYSE") on May 1, 2009 informing the Trust that, as a result of its failure to timely file the 2008 Annual Report, the Trust is subject to certain procedures as specified in Section 802.01E, "SEC Annual Report Timely Filing Criteria," of the NYSE's Listed Company Manual ("Section 802.01E"). The letter also stated that, regardless of the procedures specified in Section 802.01E, the NYSE could commence delisting procedures at any time during any period that is available to complete the filing of the 2008 Annual Report, if circumstances warrant. The Trust is working diligently to obtain the information necessary to complete the 2008 Annual Report and intends to complete and file the 2008 Annual Report as soon as reasonably practicable.
A copy of the Press Release is furnished as Exhibit 99.1 and is incorporated herein by reference in response to this Item 3.01.
Cautionary Statement on Risks Associated with the Trust's Forward-Looking Statements.
This Form 8-K contains forward-looking statements, as defined in Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, by the Trust that are subject to risks and uncertainties. The words "believe," "expect," "anticipate," "intend," "plan," "estimate," "may," "should," "could," and similar expressions are intended to identify such statements. Forward-looking statements are not guarantees of future performance and are to be interpreted only as of the date on which they are made. The Trust undertakes no obligation to update or revise any forward-looking statement except as required by law.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits

Exhibit 99.1 Torch Energy Royalty Trust Press Release, dated May 7, 2009 (furnished not filed).

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