Case CSS Doc 608 Filed 08/07/15 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

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1 Case CSS Doc 608 Filed 08/07/15 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Baxano Surgical, Inc., 1 Debtor. Chapter 11 Case No (CSS) Obj. Deadline: August 31, 2015 at 4:00 p.m. (ET) Hearing Date: September 22, 2015 at 10:00 a.m. (ET) THIRD OMNIBUS OBJECTION OF THE DEBTOR TO CLAIMS (SUBSTANTIVE OBJECTION: DISALLOWANCE OF DUPLICATIVE AND LATE-FILED CLAIMS) Debtor Baxano Surgical, Inc. ( Debtor ), by and through its undersigned counsel, hereby objects (this Third Omnibus Claim Objection ) pursuant to sections 105, 501, 502 and 503 of title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code ), Rule 3007 of the Federal Rules of Bankruptcy Procedure, and Rule of the Local Rules of the United States Bankruptcy Code for the District of Delaware, to each of the filed claims listed on each of Exhibit A (duplicative claims) and Exhibit B (late-filed claims) annexed hereto (the Disputed Claims ), and requests entry of an order in the form attached hereto with respect to the Disputed Claims in accordance with the requested disposition of such claims as set forth on each of Exhibit A and Exhibit B. In support of this Third Omnibus Claim Objection, Debtor submits and incorporates herein the Declaration of John L. Palmer in Support of Third Omnibus Objection of the Debtor to Claims (Non-Substantive Objection: Disallowance Of Duplicative and Late-Filed Claims), annexed hereto as Exhibit C; and further respectfully alleges as follows: 1 The last four digits of the Debtor s tax identification number are The Debtor s mailing address is P.O. Box 98386, Raleigh, North Carolina

2 Case CSS Doc 608 Filed 08/07/15 Page 2 of 6 JURISDICTION AND VENUE 1. This Court has subject matter jurisdiction over this Third Omnibus Claim Objection pursuant to 28 U.S.C. 157(b) and 1334 and the Amended Standing Order of Reference of February 29, 2012 of the United States District Court for the District of Delaware, referring all proceedings arising in or related to a case under title 11 to the bankruptcy judges for this district. 2. This Third Omnibus Claim Objection and proceedings in connection therewith are core proceedings pursuant to 28 U.S.C. 157(b)(2)(B). 3. Venue of this Third Omnibus Claim Objection in this district is proper pursuant to 28 U.S.C. 1409(a). 4. The relief requested by this Third Omnibus Claim Objection is appropriate under 11 U.S.C. 105, 501, 502 and 503, Fed. R. Bankr. P and Del. Bankr. L.R BACKGROUND Chapter 11 Proceedings 5. On November 12, 2014 (the Petition Date ), Debtor commenced this case by filing its voluntary petition under chapter 11 of the Bankruptcy Code. 6. On November 24, 2014, the United States Trustee appointed an Official Committee of Unsecured Creditors. [D.I. 80]. No trustee or examiner was appointed in these chapter 11 cases. 7. On December 9, 2014, Debtor filed its Schedules A through G. [D.I. 130]. On May 27, 2015, Debtor filed its Second Amended Schedule E [D.I. 479] and on June 5, 2015, Debtor filed its Second Amended Schedule F. [D.I. 511]. 2

3 Case CSS Doc 608 Filed 08/07/15 Page 3 of 6 8. On January 29, 2015, the Court entered four orders (the Sale Orders ) authorizing the sale of the Debtor s operating business lines. [D.I. 271, 272, 273, 274]. Since closing of the sales, the last of which occurred on or about February 3, 2015, Debtors operations have been limited to the liquidation of its remaining assets and the winding up of this bankruptcy case. 9. On July 24, 2015, the Court confirmed the Second Amended Chapter 11 Plan of Baxano Surgical, Inc. [D.I. 570] (the Plan ). Claims Reconciliation Process 10. On November 21, 2014, the Court authorized and approved the retention of Rust Consulting/Omni Bankruptcy ( Rust Omni ) as claims and noticing agent. [D.I. 62]. Rust Omni s responsibilities include maintaining an official claims register by docketing all proofs of claim filed against the Debtor, and assisting the Debtor in connection with the claims reconciliation and resolution process. 11. By orders entered on March 24, 2015 [D.I. 361], April 24, 2015 [D.I. 428] and June 1, 2015 [D.I. 487] (collectively, the Bar Date Orders ), the Court established bar dates of (i) May 18, 2015 for pre-petition claims, (ii) May 28, 2015 for alleged administrative claims relating to the period from the Petition Date through and including April 6, 2015, and (iii) June 30, 2015 for alleged administrative claims relating to the period from April 7, 2015 through and including May 31, 2015). The respective May 18, 2015, May 28, 2015 and June 30, 2015 deadlines set by the Bar Date Orders shall be referred to hereafter as the Bar Dates. 12. Rust Omni gave notice of the Bar Date Orders and the Bar Dates by mailing the Bar Date Orders as well as the Bar Date Notices (as defined in the Bar Date Orders) to all 3

4 Case CSS Doc 608 Filed 08/07/15 Page 4 of 6 entities known or reasonably ascertainable as potential claimants. See D.I. Nos.402, 409, 421, 447 and The Debtor and its advisors are reviewing and reconciling all claims filed, and comparing such to its books and records. The reconciliation process includes identifying claims that should be disallowed, reduced and allowed, or reclassified to avoid possible double recovery or otherwise improper recovery by claimants. RELIEF REQUESTED 14. By this Third Omnibus Claim Objection, the Debtor respectfully requests that the Court enter an order or such orders as may be necessary and appropriate with respect to this Third Omnibus Claim Objection granting relief with respect to the Disputed Claims as requested in each of Exhibit A and Exhibit B attached hereto. 15. Exhibit A objects to duplicative claims filed by the same claimant, and requests disallowance of the duplicative claim filed by the claimant. 16. Exhibit B includes claims that were not filed timely in light of the bar date established by the Court pursuant to the Bar Date Orders and applicable to such claim. BASIS FOR RELIEF 17. Bankruptcy Code section 502(b) provides in pertinent part that: 11 U.S.C. 502(b)(1). the court, after notice and a hearing shall determine the amount of [a] claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that... such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured. 4

5 Case CSS Doc 608 Filed 08/07/15 Page 5 of When asserting a claim against a bankrupt estate, a claimant must allege facts that, if true, would support a finding that the debtor is legally liable to the claimant. See In re Allegheny Int l, Inc., 954 F.2d 167, 173 (3d Cir. 1992). A party disputing a claim must produce evidence sufficient to negate the claim s prima facie validity. Id. The burden then shifts back to the claimant to prove the validity of his or her claim by a preponderance of the evidence with the burden of persuasion is always on the claimant. Id. 19. The Debtor does not concede that any of the claims included in either Exhibit A or Exhibit B are prima facie valid; but, to the extent any are, the Debtor submits that the reasons set forth on Exhibit A and Exhibit B in support of the objections to the claims included thereon, together with the information provided (or not provided) by the claimants in their claims, the Palmer Declaration, and application of applicable law sufficiently rebut any prima facie validity attendant to the Disputed Claims. 20. Failure to disallow the Disputed Claims as requested herein could result in those claimants receiving a better, but unwarranted, recovery than similarly situated creditors. Accordingly, Debtor requests entry of an order or orders, as may be necessary disallowing the Disputed Claims listed on and as set forth in Exhibit A and Exhibit B. RESERVATION OF RIGHTS 21. The Debtor reserves the right to amend, modify, or supplement this Third Omnibus Claim Objection, and to file additional substantive and non-substantive objections to any or all of the Disputed Claims, including, without limitation, objections as to the amount, priority, validity, or timeliness of such claims, in accordance with Del. Bankr. L.R Moreover, should the grounds for objection as set forth in this Third Omnibus Claim Objection be dismissed, overruled, or withdrawn, or should a claimant submit additional 5

6 Case CSS Doc 608 Filed 08/07/15 Page 6 of 6 information supporting its Disputed Claim, the Debtor reserves the right to object further to such Disputed Claim on any non-substantive and/or substantive grounds in the future in accordance with Del. Bankr. L.R COMPLIANCE WITH DEL. BANKR. L.R The Debtor, by and through its undersigned counsel, states that this Third Omnibus Claim Objection complies with Del. Bankr. L.R To the extent this Third Omnibus Claim Objection does not comply in all respects with the requirements of Del. Bankr. L.R , the undersigned believes such deviations are not material, and reserves the right to request that any such requirement be waived under the then prevailing facts and circumstances. WHEREFORE, the Debtor respectfully requests that the Court grant the relief requested herein and further grant such other and further relief as may be just and proper under the circumstances. Dated: August 7, 2015 STEVENS & LEE, P.C. /s/ John D. Demmy John D. Demmy (DE Bar No. 2802) 1105 N. Market Street, Suite 700 Wilmington, Delaware Tel. (302) Fax (610) jdd@stevenslee.com and Robert Lapowsky John C. Kilgannon 1818 Market Street, 29th Floor Philadelphia, Pennsylvania Tel. (215) rl@stevenslee.com jck@stevenslee.com Counsel for Debtor Baxano Surgical, Inc. 6

7 Case CSS Doc Filed 08/07/15 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Baxano Surgical, Inc., 1 Debtor. Chapter 11 Case No (CSS) Obj. Deadline: August 31, 2015 at 4:00 p.m. (ET) Hearing Date: September 22, 2015 at 10:00 a.m. (ET) NOTICE OF THIRD OMNIBUS OBJECTION OF THE DEBTOR TO CLAIMS (NON-SUBSTANTIVE OBJECTION: DISALLOWANCE OF DUPLICATIVE AND LATE-FILED CLAIMS PARTIES RECEIVING THIS THIRD OMNIBUS OBJECTION SHOULD LOCATE THEIR NAMES AND THEIR CLAIM(S) IN THE ATTACHED EXHIBITS YOUR SUBSTANTIVE RIGHTS MAY BE AFFECTED BY THIS OBJECTION AND BY ANY FURTHER OBJECTION THAT MAY BE FILED PLEASE TAKE NOTICE that on this date the Debtor, Baxano Surgical, Inc. ( Debtor ), filed its Third Omnibus Objection of the Debtor to Claims (Non-Substantive Objection Disallowance of Duplicative and Late-Filed Claims) (the Third Omnibus Claim Objection ). PLEASE TAKE NOTICE FURTHER that responses, if any, to the Third Omnibus Claim Objection, must be in writing, filed with the United States Bankruptcy Court for the District of Delaware, 824 Market Street, Wilmington, Delaware on or before August 31, 2015 at 4:00 p.m. Prevailing Eastern Time (the Response Deadline ), and, a copy of the response must be served so as to be received by the following parties by no later than the Response Deadline: (a) the Debtor: Baxano Surgical, Inc., c/o Tamarack Associates, Inc., 1441 Knightsbridge Dr., Blue Bell, Pennsylvania 19422, Attn.: John L. Palmer, Chief Restructuring 1 The last four digits of the Debtor s tax identification number are The Debtor s mailing address is P.O. Box 98386, Raleigh, North Carolina

8 Case CSS Doc Filed 08/07/15 Page 2 of 3 Officer; (b) counsel to the Debtor: Stevens & Lee, P.C., 1105 North Market Street, 7th Floor, Wilmington, Delaware 19801, Attn.: John D. Demmy, Esq., and 1818 Market Street, 29 th Floor, Philadelphia, Pennsylvania 19103, Attn: Robert Lapowsky, Esq. and John C. Kilgannon, Esq.; (c) the Office of the United States Trustee for the District of Delaware: Office of the United States Trustee, Room 2207, Lockbox 35, 844 North King Street, Wilmington, Delaware 19801, Attn.: Juliet M. Sarkessian; (d) counsel to the Official Committee of Unsecured Creditors: Pillsbury, Winthrop, Shaw & Pittman LLP, 1540 Broadway, New York, New York 10036, Attn: Leo T. Crowley, Esq., and Morris, Nichols, Arsht & Tunnell LLP, 1201 N. Market Street, P.O. Box 1347, Wilmington, Delaware 19899, Attn.: Matthew R. Koch, Esq.; and (e) counsel to Hercules Technology Growth Capital, Inc.: Cole, Shotz, Meisel, Forman & Leonard, P.A., 25 Main Street, Hackensack, New Jersey 07601, Attn.: Stuart Komrower, Esq. and Ilana Volkov, Esq (collectively, the Notice Parties ). PLEASE TAKE NOTICE FURTHER THAT A HEARING ON THE THIRD OMNIBUS OBJECTION WILL BE HELD ON SEPTEMBER 22, 2015 AT 10:00 A.M. PREVAILING EASTERN TIME BEFORE THE HONORABLE CHRISTOPHER S. SONTCHI, UNITED STATES BANKRUPTCY JUDGE FOR THE DISTRICT OF DELAWARE, IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE, 5 TH FLOOR, COURTROOM NO. 6, 824 MARKET STREET, WILMINGTON, DELAWARE PLEASE TAKE NOTICE FURTHER THAT IF YOU FAIL TO RESPOND TO THE THIRD OMNIBUS CLAIM OBJECTION IN ACCORDANCE WITH THIS NOTICE THE COURT MAY GRANT THE RELIEF REQUESTED BY THE THIRD 2

9 Case CSS Doc Filed 08/07/15 Page 3 of 3 OMNIBUS CLAIM OBJECTION WITH RESPECT TO YOU AND YOUR CLAIM WITHOUT FURTHER NOTICE OR HEARING. Dated: Wilmington, Delaware August 7, 2015 STEVENS & LEE, P.C. /s/ John D. Demmy John D. Demmy (DE Bar No. 2802) 1105 N. Market Street, Suite 700 Wilmington, Delaware Tel. (302) Fax (610) jdd@stevenslee.com and Robert Lapowsky John C. Kilgannon 1818 Market Street, 29th Floor Philadelphia, Pennsylvania Tel. (215) rl@stevenslee.com jck@stevenslee.com Counsel for Debtor Baxano Surgical, Inc. 3

10 Case CSS Doc Filed 08/07/15 Page 1 of 2 EXHIBIT A

11 Case CSS Doc Filed 08/07/15 Page 2 of 2 BAXANO SURGICAL, INC. CASE NO CSS NON-SUBSTANTIVE THIRD OMNIBUS OBJECTION TO CLAIMS - EXHIBIT A DUPLICATIVE CLAIMS OBJECTION Claimant Duplicative Claim to be Expunged Remaining Claim No. Claim Amount/Class Reason for Disallowance 1 DEBORAH BAUGHMAN $12, PRI Duplicative Claim CALABAZAS BLVD SANTA CLARA, CA Claim Class Code Legend UNS Unsecured Claim PRI Priority Claim SEC Secured Claim 503(b)(9) 503(b)(9) Claim ADM Administrative Claim Page 1 of 1

12 Case CSS Doc Filed 08/07/15 Page 1 of 3 EXHIBIT B

13 Case CSS Doc Filed 08/07/15 Page 2 of 3 BAXANO SURGICAL, INC. CASE NO CSS NON-SUBSTANTIVE THIRD OMNIBUS OBJECTION TO CLAIMS - EXHIBIT B LATE-FILED CLAIMS OBJECTION Name of Claimant Date Filed Claim Number Claim Amount/Class* Reason for Disallowance 1 CIGNA HEALTH AND LIFE INSURANCE COMPANY 7/1/ $1, PRI Claim filed after the applicable bar date C/O CIGNA COMPANIES of May 28, 2015 (see D.I. 428). ATTN: LYNETTE EASMON 900 COTTAGE GROVE RD, B6LPA HARTFORD, CT HEALTH CANADA 6/17/ $2, UNS Claim was filed after the applicable bar ATTN: FRANCIS LAPOINTE date of May 18, 2015 (see D.I. 361) 2932 BASELINE ROAD, ROOM B350 OTTAWA, ON, K1A 0K9 CANADA 3 MENDELL, INC. 6/29/ $15, ADM Claim alleges debts were incurred prepetition; thus, the claim is subject to, but ATTN: MICHAEL WATERSTON was filed after the applicable bar date of GRENADA AVE. May 18, 2015 (see D.I. 361) LAKEVILLE, MN NGHIA VAN HUYNH 7/10/ $7, ADM Debtor submits this claim is by a former 1492 CLEMENCE AVE employee terminated pre-petition for alleged debt incurred pre-petition; and SAN JOSE, CA the claim was filed after any possibly applicable bar date. 5 STEPHANIE GRUENERT, ESQ. 6/29/ $75, UNS Claim was filed after the applicable bar RE PACIFIC INSTRUMENTS 438 HOBRON LN, SUITE 204 HONOLULU, HI date of May 18, 2015 (see D.I. 361) * - See Claim Class Code and Debtor Case Number Legends at the end of this report ** - "No Amt Given" includes, without limitation, Undetermined, Unliquidated, Unknown, To be Determined or the like or when no amount is listed at all Page 1 of 2

14 Case CSS Doc Filed 08/07/15 Page 3 of 3 BAXANO SURGICAL, INC. CASE NO CSS NON-SUBSTANTIVE THIRD OMNIBUS OBJECTION TO CLAIMS - EXHIBIT B LATE-FILED CLAIMS OBJECTION Name of Claimant Date Filed Claim Number Claim Amount/Class* Reason for Disallowance 6 VANESSA LEE 6/29/ $5, UNS Claim was filed after the applicable bar 759 RUSSELL LANE date of May 18, 2015 (see D.I. 361) MILPITAS, CA * Debtor Case Number Legend CSS Baxano Surgical, Inc. Claim Class Code Legend UNS Unsecured Claim PRI Priority Claim SEC Secured Claim 503(b)(9) 503(b)(9) Claim ADM Administrative Claim Page 2 of 2

15 Case CSS Doc Filed 08/07/15 Page 1 of 3 EXHIBIT C

16 Case CSS Doc Filed 08/07/15 Page 2 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Baxano Surgical, Inc., 1 Chapter 11 Case No (CSS) Debtor. DECLARATION OF JOHN L. PALMER IN SUPPORT OF THIRD OMNIBUS OBJECTION OF THE DEBTOR TO CLAIMS (NON-SUBSTANTIVE OBJECTION: DISALLOWANCE OF DUPLICATIVE AND LATE-FILED CLAIMS) I, John L. Palmer, pursuant to 28 U.S.C. 1746, declare: 1. I am the Chief Executive Officer and the Chief Restructuring Officer of Debtor Baxano Surgical, Inc. ( Debtor ), and am authorized to submit this declaration ( Declaration ) on behalf of the Debtor. 2. I am one of the persons responsible for overseeing the claims reconciliation and objection process in the Debtor s chapter 11 case I have read Debtor s Third Omnibus Objection of the Debtor to Claims (Non-Substantive Objection: Disallowance of Duplicative and Late-Filed Claims) (the Third Omnibus Claim Objection ), and am directly familiar with the information contained therein, the proposed form of order attached to the Third Omnibus Claim Objection (the Proposed Order ), and the Exhibit A and Exhibit B attached to the Third Omnibus Claim Objection. 1 The last four digits of the Debtor s tax identification number are The Debtor s mailing address is P.O. Box 98386, Raleigh, North Carolina Capitalized terms not defined herein have the meanings given to them in the Third Omnibus Claim Objection. 1

17 Case CSS Doc Filed 08/07/15 Page 3 of 3 4. Except as otherwise set forth herein, all statements in this Declaration are based on my personal knowledge, my familiarity with the processing and reconciliation of the claims listed on Exhibit A and on Exhibit B, or on my review of relevant documents. The information contained in the Third Omnibus Claim Objection and in each of Exhibit A and Exhibit B is true and correct to the best of my knowledge and belief. 5. The Disputed Claims were carefully reviewed and analyzed in good faith utilizing due diligence by the appropriate personnel, including the Debtor s claims and noticing agent, Rust Omni. 6. Accordingly, the Debtor submits that the Third Omnibus Claim Objection should be granted and that the Disputed Claims should be re-classified, and/or reduced and/or disallowed as set forth in Exhibit A and in Exhibit B. Dated: August 7, 2015 /s/ John L. Palmer John L. Palmer 2

18 Case CSS Doc Filed 08/07/15 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Baxano Surgical, Inc., 1 Debtor. Chapter 11 Case No (CSS) Re: D. I. No. ORDER GRANTING THIRD OMNIBUS OBJECTION OF THE DEBTOR TO CLAIMS (NON-SUBSTANTIVE OBJECTION: DISALLOWANCE OF DUPLICATIVE AND LATE-FILED CLAIMS) Upon consideration of the Third Omnibus Objection of the Debtor to Claims (Non-Substantive Objection: Disallowance of Duplicative and Late-Filed Claims) (the Third Omnibus Claim Objection ) 2, by and which Debtor requests entry of an order pursuant to 11 U.S.C. 105, 501, 502 and 503, Federal Rule of Bankruptcy Procedure 3007, and Rule of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware, reclassifying, and/or reducing and/or disallowing the claims identified in Exhibit A and in Exhibit B annexed hereto; and it appearing that the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; and due and adequate notice of the Third Omnibus Claim Objection having been given under the circumstances; and sufficient cause appearing therefor; it is hereby ORDERED, ADJUDGED AND DECREED THAT: 1. The relief requested in the Third Omnibus Claim Objection is GRANTED. 1 The last four digits of the Debtor s tax identification number are The Debtor s mailing address is P.O. Box 98386, Raleigh, North Carolina Capitalized terms not defined herein shall have the meanings given to them in the Third Omnibus Claim Objection. 1

19 Case CSS Doc Filed 08/07/15 Page 2 of 5 2. Pursuant to 11 U.S.C. 105, 501, 502 and 503, Fed. R. Bankr. P and Del. Bankr. L.R , the claims identified in each of Exhibit A and Exhibit B annexed hereto (the Disputed Claims ) are hereby disallowed. 3. The Debtor and Rust Omni are authorized to take all actions necessary or appropriate with respect to the designation of the Disputed Claims on the Claims Register maintained for this case to give effect to this Order. 4. This Court shall retain jurisdiction to hear and determine all matters related to and/or arising from the implementation and or interpretation of this Order. 5. Notwithstanding any otherwise applicable rule of procedure to the contrary, this Order shall take effect immediately upon entry. Dated:, 2015 CHRISTOPHER S. SONTCHI UNITED STATES BANKRUPTCY JUDGE 2

20 Case CSS Doc Filed 08/07/15 Page 3 of 5 BAXANO SURGICAL, INC. CASE NO CSS NON-SUBSTANTIVE THIRD OMNIBUS OBJECTION TO CLAIMS - EXHIBIT A DUPLICATIVE CLAIMS OBJECTION Claimant Duplicative Claim to be Expunged Remaining Claim No. Claim Amount/Class Reason for Disallowance 1 DEBORAH BAUGHMAN $12, PRI Duplicative Claim CALABAZAS BLVD SANTA CLARA, CA Claim Class Code Legend UNS Unsecured Claim PRI Priority Claim SEC Secured Claim 503(b)(9) 503(b)(9) Claim ADM Administrative Claim Page 1 of 1

21 Case CSS Doc Filed 08/07/15 Page 4 of 5 BAXANO SURGICAL, INC. CASE NO CSS NON-SUBSTANTIVE THIRD OMNIBUS OBJECTION TO CLAIMS - EXHIBIT B LATE-FILED CLAIMS OBJECTION Name of Claimant Date Filed Claim Number Claim Amount/Class* Reason for Disallowance 1 CIGNA HEALTH AND LIFE INSURANCE COMPANY 7/1/ $1, PRI Claim filed after the applicable bar date C/O CIGNA COMPANIES of May 28, 2015 (see D.I. 428). ATTN: LYNETTE EASMON 900 COTTAGE GROVE RD, B6LPA HARTFORD, CT HEALTH CANADA 6/17/ $2, UNS Claim was filed after the applicable bar ATTN: FRANCIS LAPOINTE date of May 18, 2015 (see D.I. 361) 2932 BASELINE ROAD, ROOM B350 OTTAWA, ON, K1A 0K9 CANADA 3 MENDELL, INC. 6/29/ $15, ADM Claim alleges debts were incurred prepetition; thus, the claim is subject to, but ATTN: MICHAEL WATERSTON was filed after the applicable bar date of GRENADA AVE. May 18, 2015 (see D.I. 361) LAKEVILLE, MN NGHIA VAN HUYNH 7/10/ $7, ADM Debtor submits this claim is by a former 1492 CLEMENCE AVE employee terminated pre-petition for alleged debt incurred pre-petition; and SAN JOSE, CA the claim was filed after any possibly applicable bar date. 5 STEPHANIE GRUENERT, ESQ. 6/29/ $75, UNS Claim was filed after the applicable bar RE PACIFIC INSTRUMENTS 438 HOBRON LN, SUITE 204 HONOLULU, HI date of May 18, 2015 (see D.I. 361) * - See Claim Class Code and Debtor Case Number Legends at the end of this report ** - "No Amt Given" includes, without limitation, Undetermined, Unliquidated, Unknown, To be Determined or the like or when no amount is listed at all Page 1 of 2

22 Case CSS Doc Filed 08/07/15 Page 5 of 5 BAXANO SURGICAL, INC. CASE NO CSS NON-SUBSTANTIVE THIRD OMNIBUS OBJECTION TO CLAIMS - EXHIBIT B LATE-FILED CLAIMS OBJECTION Name of Claimant Date Filed Claim Number Claim Amount/Class* Reason for Disallowance 6 VANESSA LEE 6/29/ $5, UNS Claim was filed after the applicable bar 759 RUSSELL LANE date of May 18, 2015 (see D.I. 361) MILPITAS, CA * Debtor Case Number Legend CSS Baxano Surgical, Inc. Claim Class Code Legend UNS Unsecured Claim PRI Priority Claim SEC Secured Claim 503(b)(9) 503(b)(9) Claim ADM Administrative Claim Page 2 of 2