Converted by EDGARwiz

OMB APPROVAL

OMB Number: 3235-0058

Expires:

June 30, 2009

Estimated average burden
hours per response.

2.50

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SEC FILE NUMBER

000-25247

CUSIP NUMBER

65336T104

FORM 12b-25

NOTIFICATION OF LATE FILING

(Check one):

¨Form 10-K ¨ Form 20-F ¨ Form 11-K þ Form 10-Q ¨ Form 10-D

¨ Form N-SAR ¨ Form N-CSR

For Period Ended: August 30, 2009

¨ Transition Report on Form 10-K

¨ Transition Report on Form 20-F

¨ Transition Report on Form 11-K

¨ Transition Report on Form 10-Q

¨ Transition Report on Form N-SAR

For the Transition Period Ended:

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

Next, Inc.

Full Name of Registrant

N/A

Former name if applicable:

7625 Hamilton Park Drive, Suite 12

Address of Principal Executive Office (Street and Number)

Chattanooga, TN 37421

City, State and Zip Code

12b25 101409

SEC 1344 (04-09)

Persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.

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 reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;

(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 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 the reasons 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. (Attach extra Sheets if Needed)

The Registrant is unable to file its quarterly report on Form 10-Q for the three months ended August 30, 2009 (the “Form 10-Q”) within the prescribed time period because the Registrant is currently negotiating with one of its lenders for an alternative structure on a longer term of a promissory note held by such lender, the outcome of which may affect the required disclosures in the Form 10-Q. The Registrant expects to file the Form 10-Q on or before the fifth calendar day (August 19, 2009) following the prescribed due date (August 14, 2009).

PART IV — OTHER INFORMATION

(1)

Name and telephone number of person to contact in regard to this notification

David O. Cole

(260)

563-2186

(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 the answer is no, identify report(s).

þ Yes ¨ 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?

¨ Yes þ 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.

Next, 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:

October 14, 2009

By: /s/ David O. Cole

David O. Cole

Chief Financial Officer & Secretary

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).

Endnotes

Nothing in this form shall be construed to imply that
the Commission has verified any information contained herein.

12b25 101409