Since actual fraud cases are difficult for creditors to prove, creditors more often claim constructive fraud. Constructive fraud is a gift or sale of property for less than fair value (or fair consideration), made in the face of a known or probable liability and which leaves the debtor insolvent. A transfer can be constructively fraudulent, even if you act innocently and without actual intent to hinder your creditors, but a creditor challenging your transfer must still prove each of these three elements.