So you are assuming they have $5million laying around of their own funds to do this?
I doubt it.
That, indeed, is the problem. They have to come up with $5 million to reopen.
They can't reopen without the money. If and when they allow withdrawals again, everybody is going to take their money and Bitcoins out. If they try to pull some of the stunts Gox pulled about stalling withdrawals, this thing will come unglued even faster.
Bitstamp is a UK company.
UK bankruptcy laws are much more pro-creditor than US or Japan bankruptcy laws. As soon as a company owes you money and isn't paying its debts, you can file a "statutory demand" The company has only 21 days to pay before you get to go to court to have them forced into liquidation.
Any creditor of Bitstamp can do this. Tomorrow morning, if they want. There's also a UK court procedure for a "money claim", for amounts up to £100,000. This is only available if you have an address in the UK. That can be done on-line. You have to send a letter demanding payment first, but you only have to wait 14 days before filing a money claim.
Don't wait. That didn't work out with Mt. Gox.