# Aave seeks court order to lift freeze on Kelp DAO exploit Ether

**Published:** 2026-07-29T07:18:11.613Z  
**Topic:** Dao Crypto  
**Sentiment:** neutral  
**Publisher:** TrendWatcher — https://www.trendwatcher.in/article/c36bb560-e65a-47fd-a540-d4dc007a75b3

Aave asks a court to lift a restraining notice on $300 million of frozen Ether from the Kelp DAO hack, risking DeFi stability if assets stay locked.

Aave has filed an emergency motion asking a court to lift a restraining notice that keeps roughly $300 million of Ether frozen after the Kelp DAO exploit, arguing that the freeze threatens the protocol’s stability and could destabilize the broader DeFi ecosystem【1】.  

| At a glance | |
|---|---|
| Frozen assets | ~$300 million Ether |
| Legal motion | Aave asks court to lift restraining notice |
| rsETH shortfall | 76,127 rsETH (~$174.5 million) |
| Catalyst | Kelp DAO hack and ensuing court restraining order |

## Legal push to unfreeze Ether  
Aave’s lawyers contend that maintaining the freeze “causes irreparable harm” to both the protocol and its users, and that continued restraint could prevent users from meeting collateral obligations elsewhere【1】. They warn that if the assets remain locked, “the entire DeFi ecosystem risks being destabilized.” The motion also seeks a $300 million bond from plaintiff firm Gerstein Harrow to keep the restraining notice in place while the case proceeds. A judge has not yet ruled, and no hearing date has been set【1】.

## rsETH backing still undercollateralized  
Separately, Arbitrum’s on‑chain governance vote aims to release the frozen Ether to a recovery address, but even a partial release would leave rsETH under‑backed by about 76,127 rsETH, valued at roughly $174.5 million【2】. The proposal argues that restoring some backing could help stabilize market conditions across DeFi, yet the shortfall highlights the scale of the loss. The vote saw overwhelming support, with 99.9% of voting power (185.7 million ARB tokens) in favor, though the final outcome still hinges on the governance process【2】.

## What to watch  
- Court decision on Aave’s emergency motion – any ruling could unlock or further entrench the $300 million freeze.  
- Outcome of Arbitrum’s governance vote – whether the proposed release proceeds and how much rsETH backing is restored.  
- Potential further legal challenges from Gerstein Harrow, especially any bond requirements that could affect the freeze’s duration.  

The dispute underscores how legal actions can directly impact token liquidity and collateral health in DeFi, raising questions about the resilience of protocols when large frozen assets are tied up in litigation.

## Sources
1. CoinTelegraph — [Aave files emergency motion to lift restraining notice on frozen ETH](https://cointelegraph.com/news/aave-asks-court-to-lift-restraining-notice-on-frozen-kelp-exploit-ether)
2. CoinTelegraph — [Arbitrum vote to release $71M in frozen Kelp exploit ETH set to pass](https://cointelegraph.com/news/arbitrum-vote-on-proposal-to-unfreeze-71m-eth-passes-with-90-majority)

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Cite as: TrendWatcher, "Aave seeks court order to lift freeze on Kelp DAO exploit Ether", https://www.trendwatcher.in/article/c36bb560-e65a-47fd-a540-d4dc007a75b3