Aave has filed an emergency motion in a New York federal court seeking to lift a restraining notice on frozen ETH linked to a protocol exploit, marking one of the first times a DeFi protocol has directly petitioned a U.S. court to release seized digital assets.
The filing, submitted to the U.S. District Court for the Southern District of New York, asks the court to vacate a restraining notice that currently prevents movement of ETH frozen in connection with a Kelp rsETH exploit that impacted Aave in April 2026.
Key Takeaways
- Aave filed an emergency motion in the Southern District of New York to lift a restraining notice on frozen ETH.
- The frozen ETH is tied to the Kelp rsETH exploit that affected the Aave protocol in April 2026.
- The case could set a precedent for how DeFi protocols interact with traditional courts to recover exploited funds.
Why Aave filed the emergency motion
The emergency motion targets a restraining notice placed on ETH recovered or frozen after the exploit. According to CoinTelegraph’s reporting, Aave is arguing that the restraining notice prevents the protocol from returning funds to affected users.
The case is filed in the Southern District of New York, a jurisdiction that has handled several high-profile crypto enforcement and civil actions. Court filings available through the RECAP archive show multiple docket entries related to the dispute.
This legal approach reflects a growing trend where DeFi protocols engage directly with the court system rather than relying solely on on-chain governance to resolve fund recovery disputes. The intersection of crypto protocols with traditional legal systems mirrors broader regulatory momentum, including efforts like the CLARITY Act stablecoin legislation working its way through Congress.
What the restraining notice means for the frozen ETH
A restraining notice under New York law is a post-judgment enforcement tool that prohibits a party from transferring or disposing of property. In this case, it effectively freezes the ETH in place, preventing any on-chain movement regardless of governance decisions.
For Aave, this creates a practical problem: ETH that might otherwise be returned to liquidity providers or used to make affected depositors whole remains locked. The protocol’s governance forum has discussed the incident, and a related Arbitrum governance proposal also addresses the release of frozen ETH tied to the same exploit.
The situation highlights how assets operating on decentralized protocols can still be subject to traditional legal mechanisms when disputes reach the courts. Projects building on Ethereum’s infrastructure, including those involved in tokenized asset issuance, will increasingly face similar jurisdictional questions.
What comes next in the New York case and for Aave
Because Aave filed an emergency motion rather than a standard motion, the court is expected to rule on an expedited timeline. Emergency motions in the Southern District of New York typically receive a response deadline within days, followed by a hearing or paper decision.
If the court grants the motion, the frozen ETH could be released back to the protocol for distribution through governance-approved mechanisms. If denied, Aave would likely need to pursue standard litigation timelines, potentially leaving the funds frozen for months.
The outcome could influence how other DeFi protocols approach fund recovery in post-exploit scenarios, particularly when assets are frozen through court orders rather than smart contract pauses. As new tokens continue to list on major exchanges, the legal infrastructure governing how frozen or disputed assets are handled remains an evolving area for the industry.
Key details still needed for follow-up coverage include the exact amount of frozen ETH, the identity of the party that obtained the restraining notice, and any scheduled hearing date for the emergency motion.
Disclaimer: This article is for informational purposes only and does not constitute financial or investment advice. Cryptocurrency and digital asset markets carry significant risk. Always do your own research before making decisions.
