William
F. Herzog
Mr. Herzog possesses over 25 years of broad-based
business transaction experience with public
and non-public companies. Mr. Herzog is most
effective in providing and implementing solutions
for creditors of financially troubled companies.
Mr. Herzog has extensive experience in real
estate, finance, healthcare and service industries.
He has managed IPO’s, acquisitions, turnarounds,
and bankruptcies. He has a strong background
in financial reporting, investor relations,
negotiation, treasury management, budgeting,
valuations, and cash and financial forecasting.
Mr. Herzog has performed asset recovery, litigation
management, expert testimony and Trustee services
for the largest financial institutions in the
country including JPMorganChase, Bank of America,
CIT, Credit Suisse First Boston, and National
City Bank of Philadelphia. Mr. Herzog has also
served as financial advisor to various unsecured
creditor groups and financial institutions.
Additionally, he has served as Operating Trustee
for the Office of the US Trustee.
At the request of Prudential Capital Group,
Mr. Herzog is currently serving as Trustee for
Cornerstone Creditors Trust to quantify, evaluate,
pursue, and settle litigation claims on behalf
of unsecured creditors of Cornerstone Products,
Inc.
Most recently, the Office of the US Trustee
appointed Mr. Herzog Chapter 11 Operating Trustee
of an enterprise that operated 14 nursing homes
in Texas. Mr. Herzog was appointed to provide
a report to the US Bankruptcy Court concerning
alternatives for reorganization of the enterprise
or dismissal of the proceeding. Mr. Herzog’s
report was completed on time and was well received
by the US Trustees Office and the Court. In
accordance with his recommendations the proceeding
was dismissed after all homes were transferred
to the State of Texas to protect patient care.
JPMorganChase hired Mr. Herzog as financial
advisor to maximize recoveries from qServe Inc.,
a cell phone tower construction company based
in Kansas City, MO. qServe filed for protection
under Ch. 11 of the Bankruptcy Code on June
21, 2002. In his capacity as financial advisor,
Mr. Herzog reduced JPMorganChase Bank’s exposure
from $8 million to under $1.0 million through
the sale of inventory and real estate and collection
of delinquent accounts receivable.
CEC Liquidation Trust was established to wind
down the affairs of Con-Equip Inc. and Owsley
Bros. Inc. Con-Equip and Owsley leased and sold
heavy construction equipment to contractors.
Mr. Herzog was asked by a consortium of secured
lenders, CIT, Fleet Capital, Bank of America
and National City Bank of Philadelphia, to liquidate
the companies. Mr. Herzog managed the sale of
$40 million of equipment, closed both home offices
and all eight branch locations and successfully
recovered twice the amount expected in the plan
for the unsecured creditors.,. Mr. Herzog, along
with co-plaintiff, Texas Growth Fund, was awarded
a $17 million judgment against former owners
in connection with the sale of the business.
The matter was successfully settled on appeal.
Healthcor Holdings Inc., a home health agency
providing durable medical equipment, nursing,
and pharmaceuticals to 65,000 patients in 8
states, filed for protection under Title 11
of the Bankruptcy Code on July 27, 1999. Subsequently
all assets were transferred to Healthcor Liquidation
Trust. Mr. Herzog served as Chief Operating
Officer of the company, and then was asked by
members of the Official Committee of Creditors
including Credit Suisse First Boston, senior
secured lender and the largest single bondholder,
to serve as Liquidating Trustee. Mr. Herzog
is overseeing collection actions against serviced
patients primary and secondary commercial insurers,
finalizing Medicare cost reimbursement reporting
and settling accounts with the Healthcare Financing
Administration. Mr. Herzog was successful in
reducing the secured creditors loan from $16
million to $2 million and distributed to the
unsecured creditors the highest amount estimated
in the Plan of Liquidation.
Prior to that Mr. Herzog was hired by M.A.P.A.,
a medical receivables management firm providing
GAP eligibility and Medicare collection services
to 30 hospitals in Texas, to shepherd the company
through a Chapter 11 proceeding. Mr. Herzog
helped successfully downsize the Company and
position it for sale. Mr. Herzog was responsible
for managing cash flow, accumulating and organizing
information to present to potential buyers,
articulating on the value of the company to
potential buyers, quantifying creditor and administrative
claimant’s liabilities, and monthly operating
reports. Mr. Herzog’s efforts resulted in the
sale of the company to a competitor within six
months.
Prior to this Mr. Herzog was Chief Financial
Officer of Naco Finance Corp. Mr. Herzog managed
the initial capitalization of the Company through
an IPO of $145 million of senior notes. Mr.
Herzog was responsible for receivables management,
management reporting, SEC reporting, cash management
and banking relations. With the liquidity from
the collection of the receivables Naco Finance
purchased two companies from the RTC and merged
the Companies to form USTrails. Mr. Herzog convinced
the debt holders to defer sinking fund payments
and apply the cash to acquisitions. Through
a plan of reorganization and bankruptcy proceeding
10% of the debt securities were converted to
equity ownership of USTrails.
Mr. Herzog holds a B.S. in Accounting from
Texas Tech University. He is a licensed C.P.A
in Texas.
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