In Re Essential Therapeutics, Inc.

OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Application of Essential Therapeutics, Inc., and its related entities (collectively “the Debtors”) to retain Bingham McCutchen LLP (“Bingham”) as counsel for the Debtors. The United States Trustee (“the UST”) has objected to the Application, asserting that Bingham is not “disinterested” as required by sections 327(a) and 101(14) of the Bankruptcy Code.

For the reasons set forth below, we deny the Debtors’ Application.

I.FACTUAL BACKGROUND

The Debtors are biopharmaceutical companies committed to the discovery, development and…