costs were actually incurred, see Kilbarr Corp. v. General Services Administration (In re Remington Rand), 836 F.2d 825, 833 n. 7 (3rd Cir.1988) (a claim arises when a party knows or should know of its right to payment); Schweitzer v. Consolidated Rail Corp., 758 F.2d 936, 943 (3rd Cir.1985), cert. denied sub nom., Reading Co. v. Schweitzer, 474 U.S. 864, 106 S.Ct. 183, 88 L.Ed.2d 152 (1985); Avellino & Bienes v. M. Frenville Co. (In re Frenville), 744 F.2d 332 (3d Cir.1984), cert. denied, 469 U.S. 1160, 105 S.Ct. 911, 83 L.Ed.2d 925 (1985); Jensen v. Bank of America N.T. & S.A. (In re Jensen), 114 B.R. 700, 705-706 (Bankr.E.D.Calif.1990), then the response costs did not arise until after confirmation, and are not discharged, see id. 3 . See Mardan, Lyncott, Southland, and FMC, supra (<HOLDING>). But see AM International, Inc. v.
holding that private parties may contract to transfer financial responsibilities under cercla holding that parties can stipulate that they were both parties to a contract and thus the real parties in interest even when one party did not sign the contract holding that nonsignatories to a contract have no rights under the contract and thus no standing to assert claims under the contract holding that transferees failed to satisfy element of defense where they were aware of debtors financial problems at the time of transfer had lent money to debtor prior to transfer and not all money had been repaid holding contract not unconscionable where parties were of equal bargaining power plaintiff had opportunity to have an attorney review the contract the contract was clear and easily read the plaintiff had been a party to similar contracts in the past and was under no financial pressure to sign the con tract