Stanley

The United States Trustee appeals an order from the Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit affirming the bankruptcy court’s order authorizing appointment of Gibson, Dunn, and Crutcher, LP as general counsel for S.S. Retail Stores, a debtor-in-possession. The U.S. Trustee claims that appointment was improper because Gibson, Dunn is not a disinterested person as required by 11 U.S.C. § 327 (a) given that one of its partners had recently served as an officer of S.S. Retail and was therefore not disinterested. We dismiss this appeal for lack of jurisdiction.

I.

In May of 1996, S.S. Retail filed for a Chapter 11 bankruptcy and at the same time, sought authorization from the bankruptcy court to employ Gibson, Dunn as its general counsel in the bankruptcy case pursuant to section 327(a) of the Bankruptcy Code. 11 U.S.C. § 327 (a). The United States Trustee filed an objection to the application to employ Gibson, Dunn on the ground that, because one of its partners was an interested party and therefore ineligible to serve as general counsel under § 327(a), the Bankruptcy Code prohibited the entire firm from serving as general counsel. After two hearings, the bankruptcy…